Court proceedings filed against Auckland Council for barring Canadian speakers
Wednesday, 18 July 2018
The Free Speech Coalition has filed proceedings against Regional Facilities Auckland over its decision to bar two controversial Canadian speakers from using a council venue next month.
Earlier on Wednesday, the coalition, which is backed by figures from the left and the right, said it was trying to broker a deal with Auckland Council to reinstate the planned event.
But by Wednesday afternoon, coalition member Melissa Derby said: 'It's regrettable to see the [Auckland] mayor [Phil Goff] digging his heels in when we have given him every opportunity to reconsider and avoid litigation costs.'
**READ MORE:
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* Don Brash's son calls free speech court action against Auckland Council 'terrible idea'**
The papers list Axiomatic Media, the Australian-based promoter of the event for right-wing speakers Lauren Southern and Stefan Molyneux, as the main plaintiff, along with Dunedin bookseller Malcolm Bruce Moncrief-Spittle, who had booked flights and premium tickets for the Auckland events, and coalition member David Cumin.
The defendants are listed as council agency RFA, the council itself, and Mayor Phil Goff.
The High Court in Auckland is being asked to urgently reinstate Axiomatic's August 3 booking of the Bruce Mason Centre.
Publicity about the proposed visit by Molyneux and Southern - who is barred from entering the United Kingdom - along with efforts to have the pair's denied visas, prompted RFA to cancel the booking on security and health and safety grounds.
Subsequently, the mayor made statements which incorrectly gave the impression he had a role in the cancellation, and the Free Speech Coalition was formed, swiftly raising $90,000 for a legal challenge.
The coalition had sought clarification of the mayor's role in the decision, and on Tuesday asked the council to reconsider the ban.
David Cumin, an Auckland ratepayer and coalition member, said: 'Despite his earlier tweets, Mr Goff now claims it wasn't about banning the speakers because of their political views, but about safety.
'What he risks is delivering a 'heckler's veto', where potential protesters get to decide who Aucklanders can hear from or associate with.'
'This action is to ensure that politicians and officials aren't allowed to discriminate against views they dislike when it comes to ratepayer-funded venues, regardless of how broadly 'unacceptable' the views might be,' Cumin said.
In a statement, the council said: 'The council's legal team is assessing the claims made and will consider the response on behalf of the council group.
'As the matter is now before the courts, we are unable to comment further at this stage.'
Southern and Molyneux's five-city Australian tour kicks off in Melbourne on Friday, with ticket prices ranging from $79 up to $749, which includes an intimate dinner with the pair.
The legal papers said the pair could still schedule an event in Auckland in the first week of August, but were relying on the council to provide a venue.
'Of the few suitable venues that are not owned by the council, they either did not meeting the specific event requirements, or are unavailable,' the claim said.