Rules of engagement

Is it the mayor’s job to decide where and how members of the social-justice movement can protest?

Protesters fold up their tents at Menorah Park 521 (photo credit: Jerusalem Institute for Israel Studies )
Protesters fold up their tents at Menorah Park 521
(photo credit: Jerusalem Institute for Israel Studies )
Law and order are basic requirements of a civil society – up to a point. Even anarchists will subscribe to this statement (though they probably wouldn’t want to be quoted). Therefore, certainly in a democratic society, a local protest movement, no matter how large, needs to take into account that there are limits to the disruption of daily life it can impose on citizens – even if most of the citizens support that protest. Thus demonstrations and marches in the streets have to be coordinated with the police, which has the right to decide on the parameters of such activities.
That was the case at the beginning of the protest movement last summer when, in many instances, the protesters reported that some policemen expressed their personal support of and sympathy for the youth who transformed streets into tent camps across the country.
But no more.
The shocking violence that characterized both sides – police and protesters – during last month’s demonstrations in Tel Aviv seems to have opened the door to a different attitude: Out with the friendly, in with the tough, sometimes brutal – and, say many observers, non-democratic – reaction of the “establishment” toward the protesters.
In Jerusalem, things have gone a bit more smoothly so far. In one case, the municipality has even gone so far as to take upon itself issues that are not exactly among its responsibilities – such as financial support for families camped in Sacher Park and securing them a grant for six months’ rent to prevent their remaining outdoors during the winter.
On the other hand, Mayor Nir Barkat has never concealed the fact that he does not like – to put it mildly – the sight of tents in the city’s parks and has done everything he can to put an end to it (we all remember how municipality workers covered the tents along the path of the Jerusalem Marathon so that the sight of them wouldn’t affect the high spirits of the runners).
Many of the leaders of the protest movement in the city are convinced that Barkat doesn’t like seeing his dream of bringing millions of tourists to Jerusalem hampered by the sight of tents, protests and ugly signs around the city.
“It feels as if to him we are like any other obstacle on the road.” city councillor Merav Cohen (Hitorerut B’yerushalayim) said last week. “For the moment the protest here is not so big, but we want to say that with all due respect to the positive plans for the city, we have our priorities too.”
Now that there are obvious signs of a “comeback” of the protest movement (though, for the moment, fewer signs than in Tel Aviv), there are clear indications of serious concern at Safra Square that there will be a repeat of last year’s scenario in the streets of Jerusalem.
While there is no overt evidence that Barkat shares Tel Aviv Mayor Ron Huldai’s tough attitude toward the protesters, the leaders of the Jerusalem protest movement – youth, students and the radical wing – are convinced that the days of relative tolerance are behind us. And as if some of them had prophetic powers, the municipality issued new rules last week as to how, when and where any public protest will be permitted.
Well, according to these regulations, not much. In fact, these rules indicate that there is a clear decision to prevent the protests – or at least to reduce their size and character to a minimum – without opening the municipality up to accusations of being undemocratic.
For example, tents will be allowed in three specific locations only. In any other areas, protesters will be permitted to demonstrate only during the day – no sleeping outdoors, not even with a chaperone.
What adds to the feeling that someone seems to care more about aesthetics than about the right to protest is the fact that these regulations have been issued without consulting the city council members.
Not that there is any legal problem with that. This seems to be within a mayor’s prerogatives. But still, as expressed by Cohen, who represents many of the young generation who are part of the protest movement, “I wasn’t even aware of it until I overheard two city councillors complaining about it in a conversation at the last city council meeting.”
Cohen added that while the violence that took place in Tel Aviv has not been witnessed here, she felt that “this could go too far, as democracy means first and foremost freedom of expression, of protest and demonstrating, even if it may also mean a certain lack of comfort for the residents.”
A spokesman for the municipality confirmed the new rules. Protests near government offices will last a maximum of three days, between 7:30 a.m. and 11 p.m. Tents will be allowed only in the Wohl Rose Garden near the Knesset and near the Supreme Court, for up to seven days. And the icing on this bitter cake: no demonstrations will be permitted near the light rail route (in order not to interfere with its operation).
It is interesting to note that last Saturday night hundreds of protesters stood on the tracks and prevented the light rail from running for about half an hour.