Compromise in the High Court: Second rounds will be held in Dizengoff Square - without partitions

October 6, 2023   

The High Court of Justice heard this morning (Friday) a petition filed by the Rosh Yehudi organization, demanding that the second parades be held in Dizengoff Square - contrary to the Tel Aviv Municipality's decision. The judges criticized the municipality's conduct - and asked it to reach a compromise. "We prefer that you reach an agreement and in the spirit of what was said here, the municipality will agree to hold the event and Rosh Yehudi will undertake not to establish separation and that the event will pass happily and well." After much discussion, the municipality decided to accept the proposal that the parades be held in Dizengoff Square - and that Rosh Yehudi will undertake not to erect a partition. During the hearing, attorney Uri Israel Paz, representing Rosh Yehudi, emphasized that rather than holding the second parades in the square - there is no intention to erect partitions. The judges asked the Tel Aviv Municipality's legal advisor, Attorney Uzi Salman, about the source of the authority to prevent gatherings in Dizengoff Square. The legal advisor replied that the municipality was acting under the municipal bylaw, which concerns maintaining order and cleanliness - and admitted that there was no preparation for an in-depth discussion on the question of authority. MK Tali Gottlieb, who was sitting in the hall, burst into speech and shouted: "Maybe you will come to an agreement and stop this disgrace." Judge Ofer Grosskopf said that "the event is worthy in itself." The legal advisor of the Tel Aviv municipality replied: "I did not say that there is anything wrong with the parades but not in Dizengoff Square." The judge emphasized that the municipality originally gave permission to hold the second parades at this location and then canceled it. The lawyer replied: "The municipality does not want an event of violence." Judge Grosskopf rejected the argument. "That is a consideration for the police, isn't it? With this consideration, you are allowing the opponents of the event to act against it." According to a report on Channel 7, during the hearing, one of the attendees burst into tears and left the hearing room. "How come no one stood up and said - 'This cannot happen in a Jewish state. I am sitting in court and we are discussing whether it is okay for a Jew to pray a Jewish prayer. Anywhere else in the world we would denounce a state that would conduct such a hearing." The chairman of the Constitution Committee, MK Simcha Rotman, welcomed the Supreme Court ruling, which, in his words, returned "a little sanity and calm to the city of Tel Aviv." "A defining moment in the hearing was when the judge asked about the source of authority and the representative of the municipality said - I was not prepared for a hearing on the question of authority. These are exactly the issues that a court is supposed to deal with. "Dealing with the source of authority, unlawfully violating rights, and judicial review based on the law, and not on ideological and political perceptions, are the things for which courts exist. I hope this is a sign of things to come, and that the Supreme Court will return to being, as it was in the past, an institution that enjoys the public's trust, that deals with resolving disputes and maintaining the rule of law, and that judges fairly." MK Gideon Sa'ar responded on Twitter: "From the outset, the Tel Aviv-Yafo municipality's refusal to hold parades in Dizengoff Square exuded the scent of vindictiveness mixed with extraneous considerations of the upcoming elections. It's good that the Supreme Court justices put the municipality in its place.".