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

June Green
October 6, 2023   
Photo: 
Chaim Goldberg/Flash90

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 a Jewish leader will commit to not establishing segregation and the event will go off in a happy and good manner.".

After discussion, the municipality decided to accept the proposal that the parades would be held in Dizengoff Square - and the Rosh Yehudi organization would commit not to erect a partition.

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During the hearing, attorney Uri Israel Paz, representing Rosh Yehudi, emphasized that, in addition to holding the second rounds 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 operates under the municipal bylaw, which concerns maintaining order and cleanliness - and admitted that he was not prepared 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'll come to an agreement and stop this disgrace.".

Judge Ofer Grosskopf said that "the event is worthy in itself.".

The legal advisor to the Tel Aviv municipality responded: "I didn't say there was anything wrong with the roundabouts but not in Dizengoff Square.".

The judge emphasized that the municipality originally gave permission to hold the second rounds at this location and then revoked it. The lawyer replied: "The municipality does not want an incident of violence.".

Judge Grosskopf rejected the argument. "This is a consideration for the police, isn't it? With this consideration, you are allowing opponents of the event to act against it.".

According to a Channel 7 report, during the hearing, one of the attendees burst into tears and left the hearing room. "How come no one stood up and said, 'This can't happen in a Jewish state. I'm sitting in court and we're discussing whether it's okay for a Jew to pray a Jewish prayer. Anywhere else in the world we would condemn a state that would hold such a hearing.".

The chairman of the Constitution Committee, MK Simcha Rotman, welcomed the Supreme Court ruling, which, he said, 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 municipality representative 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, with the unlawful violation of rights, and judicial review based on the law, and not on ideological and political perceptions, these are the things for which courts exist. I hope that this is a sign and 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 trust of the public, that deals with resolving disputes and maintaining the rule of law, and that judges fairly.".

MK Gideon Sa'ar responded on Twitter: "From the beginning, the Tel Aviv-Yafo municipality's refusal to hold parades in Dizengoff Square smelled of vindictiveness mixed with extraneous considerations of the upcoming elections. It's good that the Supreme Court judges put the municipality in its place.".


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