The mayor was allowed to ban the demonstration of Zwarte Piet in Rotterdam

The mayor of Rotterdam was allowed to ban protesters in 2016 in protest against Zwarte Piet in the city of South Holland. The Rotterdam court decided on Thursday.

In 2016, at the national entrance to Maassluis, opponents of Zwarte Piet wanted to demonstrate peacefully against the character, but the mayor of Maassluis, Edo Haan, refused. Then they decided to move to Rotterdam, but Mayor Ahmed Aboutaleb tried to prevent this by banning demonstrations for the center of Rotterdam.

In Rotterdam, at the time, too little manpower was ready, Overaleb defended himself and feared disturbances between partisans and opponents of Zwarte Piet. Right-wing hooligans also wanted to come to Rotterdam. The temporary ban on demonstrations applied to both groups.

& # 39; Violation of the right to protest & # 39;

The applicants, some of whom were associated with the Kick Out Action Group Zwarte Piet (KOZP), objected to the decision of Aboutaleb against the municipality of Rotterdam). . The municipality rejected this objection, about which activists went to court. They considered that the measures taken by the municipality were disproportionate because the prohibition violated their constitutional right to protest and thus their freedom of expression. The plaintiffs also argued that it was "logical" that the group did not inform the municipality in advance because the decision to travel to Rotterdam had been taken on an ad hoc decision.

Despite the ban, protesters staged a demonstration on the north side of the city. the Erasmus bridge. 180 detentions were made. The prosecutor's office suspected 168 people arrested of ignoring police orders, but was not prosecuted for lack of evidence. The judiciary also found that part of them had been wrongly considered a suspect.

See also: Why were all anti-Black Pete protesters arrested in Rotterdam?

The court verified whether Aboutaleb's decision had been made lawfully. The verdict: the right of demonstration is a fundamental right, but it is not absolute. As soon as the right demonstration comes into conflict with other rules, a mayor can weigh the interest that weighs the heaviest. Aboutaleb, the court concludes, is rightly afraid of unrest and general security. The judge agreed with the defense that the city was not sufficiently prepared for an ad hoc protest because many of the Rotterdam agents were already in Maassluis. The court also accused the protesters of "too long lacking clarity about their plans".

In response, Kick Out states that Zwarte Piet is disappointed with the verdict. The court concludes that the authorities should have done more for the demonstration. KOZP states:

"This is an important element to take into account, as KOZP demonstrations have been" taken hostage "by counter-protesters in the past (a more recent example is the Dokkum roadblock). In this judgment, the court re-emphasizes that, in such a case, the authorities must protect peaceful and legitimate protesters against possible counter-protesters. "

The court pointed out on Thursday that the statement on 2016 did not mean that in the future, in Rotterdam. more can be demonstrated against Zwarte Piet. This will have to be examined on a case by case basis in the future. If a possible event is announced well in advance and no counterpart is involved, any event will continue. The KOZP has not yet decided on a possible appeal.