OM loses court injunction - what next?

James Muldoon who gallantly took the City of Melbourne to court over his right to put up some small tents in a public place so that people could protest has lost his first battle. This is a big disappointment for Occupy Melbourne who were recently served with a notice not to erect tents or bring any "things" - such as trestle tables and signs - into Treasury Gardens. Muldoon had sought an interlocutory injunction against the notice but this was not granted in the Federal Court today.

Occupy Melbourne voted at the General Assembly on Wednesday night that they would await the outcome of today’s hearing before considering any further acts of civil disobedience. They now face a decision whether to ignore the council notice and erect tents at Treasury Gardens or try to struggle on being exposed to the elements and sleep in the open.

As the OM Digest (http://omdigest.org/ ) reports: “The root of the decision came down to the Court’s belief that Occupy Melbourne would be able to continue its protest without structures while the case is answered by trial. It believes that there is a strong prima facie case to answer but does not believe that the court has no jurisdiction over the particular action sought by Occupy Melbourne today.”

For the time being, the court decision sends a clear message to police and the public that 'legitimate' protest can only occur without camping in Melbourne’s public spaces.

Occupy Melbourne must wait until next week for decision of whether the recent council directive not to erect tents was in fact lawful.

For those who took this matter to court – congrats on a good try and hopefully it goes better next week. I think it demonstrates that whilst we must use all of the tactics at our disposal, we need to be careful of putting our trust in the present institutions and the way that they are supervised. The combined resources of state violence, money and indoctrination will not be beaten easily. We may find eventually that we need to rely on something potentially much more powerful: our own solidarity with each other, faith in our own organised actions of resistance and – where necessary – civil disobedience. When will be the time to take total responsibility ourselves; put up a tent and F#%k the system?