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http://www.guardian.co.uk/Print/0,3858,4515616,00.html

Judge lets traffic island protest go on

Owen Bowcott, Saturday October 5, 2002 The Guardian

Peace activist Brian Haw, who has lived on a traffic island for 16 months, yesterday defeated Westminster city council's legal challenge to remove his solo protest against the government's policy on Iraq.

A high court judge, Mr Justice Gray, ruled that Mr Haw was exercising his right to freedom of speech in Parliament Square, central London, his placards did not constitute advertising, and the pavement obstruction was not "unreasonable".

Mr Haw, 53, a father of seven, from Redditch, Worcestershire, is a committed Christian who believes international sanctions against Saddam Hussein's regime are responsible for the deaths of thousands of Iraqi children. He says he is horrified by the prospect of renewed war against the country.

He began his protest on June 2, 2001, and has amassed a large number of placards denouncing US and British bombing of Iraq.

The council, seeking an injunction to end the vigil, is considering appealing.

Giving his decision, the judge said that Mr Haw's placards only extended up to 2ft across an 11ft wide pavement. "This application raises questions as to the interaction between the right and the duty of a local authority to remove obstructions from its highways on the one hand, and the right of the individual citizen to use those highways to exercise his or her right to freedom of expression on the other hand."

"I am not satisfied in the circumstances of this case that there is any pressing social need to interfere with the display of placards so as to protect the right of others to pass and re-pass [the highway]," Mr Justice Gray said. Relatively few pedestrians used the pavement around the centre of Parliament Square.

One significant aspect of the case was an individual's right under article 10 of the European convention on human rights, which guarantees freedom of speech. He added that he was "not persuaded" the defendant's placards could be considered advertising.

Objection might be made on the grounds that the protest was an eyesore, but there was evidence that Mr Haw took pains to keep the area clean and tidy.

"Looking at the issue of reasonableness in the round and taking account of the duration, place and purpose and the effect of the obstruction, as well as the fact that the defendant is exercising his convention right, I have come to the conclusion that the obstruction for which the defendant is responsible is not unreasonable," he concluded. "I decline to grant the injunction."

Mr Haw, who has received sworn statements of support from Tony Benn, the former CND leader Bruce Kent, and the Green Party MEP Caroline Lucas, appeared in court in a black T-shirt with Don't Attack Iraq emblazoned across his chest.

After the ruling, Mr Haw raced outside the courts to embrace a Buddhist monk and nun who had held a vigil outside the Royal Courts of Justice and told them: "God sends us good judges."

He pointed to pictures of sick Iraqi children, declaring: "This has been hidden from our people for so long. This is an abomination. If the people knew what is being done in their name in Iraq, they would be horrified." Asked how long he would continue his protest he said: "As long as it takes. When do you give up on the kids?"

· A Bristol magistrate yesterday adjourned until December 2 the case of peace protester, Jo Wilding, who is challenging customs and excise's decision to confiscate dates which had been imported from Iraq in contravention of international sanctions.