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The Supreme Court ruled: The court must examine whether a gallery was evacuated for political reasons
In March, the district court rejected the claims of the association that operates the Swan Gallery in the Nachlaot neighborhood of Jerusalem that the evacuation was done for political reasons, and not due to the need for a kindergarten building.
The gallery was temporarily evacuated, the association appealed the move, and the Supreme Court partially granted the appeal.
"A tremendous achievement for freedom of expression"
Tags
Breaking the silence
Jerusalem city council
Jerusalem
Supreme Court
Maya Horodnitsano
Monday, 07 September 2020, 08:39
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Photo: Matonach Miri Regev's Facebook page, edited by Yair Daniel
The Supreme Court yesterday (Sunday) partially upheld the appeal of the association that operates the Swan Gallery in the Nachlaot neighborhood of Jerusalem, and ruled that the district court must examine the association's claims that the municipality evicted it for political reasons.
This, after the petition of a sustainable association to the Administrative Court was rejected outright without seeking the response of the municipality.
"The chain of events ... raises a question regarding the municipality's claim that the only reason for evacuating the gallery was the need for a kindergarten building," Judge Uzi Vogelman noted in the ruling.
The gallery operated in a municipal building in the Nachlaot neighborhood for many years, but after hosting a "Breaking the Silence" lecture, the municipality filed an eviction lawsuit against it in 2017.
For a long time, legal proceedings were conducted on the subject, and during this period the municipality also tried to prevent various events in the gallery, such as the launch of a book about the Nakba and a meeting on the joint memorial service for Israelis and Palestinians.
In March, the district court rejected the claims of the Sustainable Association, which operates the gallery, that the evacuation was done for political reasons and not due to the need for a kindergarten building, and ruled that it should be vacated by April.
The gallery was evacuated and moved to a private place, but the association continued with the legal proceedings and appealed.
The Supreme Court subsequently ruled that the district court must order the municipality to respond to claims regarding foreign motives, and also imposed on the municipality legal expenses in the amount of NIS 5,000.
More on Walla!
NEWS
The Supreme Court rejected the request for a delay: after years - the Swan Gallery in Jerusalem will be evacuated
To the full article
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The Jerusalem Municipality will pay legal expenses in the amount of NIS 5,000.
Swan Gallery (Photo: Emil Salman)
"Rejection of an administrative petition outright before receiving a preliminary response and holding an early hearing in the petition is reserved for those significant cases in which it is clear at the initial stage that even if the petitioners' allegations turn out to be true, there will be no grounds for judicial intervention," Judge Yael Wilner noted in the ruling.
Judge Vogelman wrote: "In my view ... the appellants were able to shift the burden to the municipality to substantiate its claim as to the sole consideration underlying its decision, in a written reply, the court ordering its submission and the respondents refer to all the said events and support their reference in appropriate affidavits."
A member of the Jerusalem City Council, Adv. Yossi Havilio, who accompanies the gallery, said that "this is a tremendous achievement for freedom of expression, for the Swan Gallery and also for me personally as the one who accompanies the gallery.
I was disappointed that Moshe Leon chose to succumb to right-wing pressure and continue on Barkat's path.
I hope that after the verdict he will reverse his decision, and if not that the court orders the gallery to be restored to its place.
The ruling proves the importance of a strong and independent Supreme Court. "
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