Case Number

HCJ 2557/05

Date Decided

12-12-2006

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: The petitioners applied to the first respondent to hold a demonstration in Tel-Aviv supporting the government’s disengagement plan. The first respondent imposed various conditions upon the holding of the demonstration, including demands that the petitioners should arrange to have security, first aid and fire extinguishing services present at the demonstration. The second and third respondents demanded payment from the petitioners for providing the first aid and fire extinguishing services. The petitioners challenged the legality of the demands made by the first, second and third respondents, arguing, inter, alia, that the fourth respondent should be liable to pay the third respondent, since the demonstration was held on municipal property.

Held: The first respondent was not authorized to require the petitioners to provide security services at their demonstration. The police have the duty to provide security and maintain order at demonstrations, and they may not impose this responsibility on the persons organizing the demonstration.

The responsible ministers had not exercised their power to enact regulations authorizing the second respondent to charge fees for providing first aid services at public events. Therefore the second respondent had no authority to demand payment for providing first aid services at the demonstration.

The third respondent is authorized by regulations to demand payment for services. The party liable to pay for the third respondent’s services is the ‘recipient of the service.’ According to the regulations the recipient of the service is the owner of the land where the service was provided. Therefore the fourth respondent was found liable to pay for the third respondent’s services at the demonstration.

Keywords

Administrative Law -- Licenses, Constitutional Law -- Freedom of Expression

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