What's the law on political stalls
Oct 11 2008 23:28
Does anyone know what the law is concerning setting up political stalls in public places? Can they arrest you if you don't get permission from the council?
Oct 12 2008 07:35
#2
Someone from the AF was arrested in Liverpool yesterday over this, presumably the reason for this thread. Info here.
Oct 12 2008 07:49
#3
as far as i'm aware you don't need council permission (although conceivably there are byelaws, the human rights act would probably over-ride them). the most common laws they use to harass stalls are trespass (since many 'public places' are actually private property these days) and obstruction of the highway, as appears to be the case here (highway includes pavement). it's very unlikely they'll press charges, especially the criminal damage one. if it looks like a pre-planned repression of political stalls might be worth giving Liberty a bell, if it goes to court they know some decent pro bono lawyers for human rights type cases.
Oct 12 2008 08:12
#4
Freedom did a piece on this a few months back, various councils have been trying to oust political stalls using both local bye-laws and, bizarrely, littering laws. Generally though they can't stop you from disseminating political information in a public place as long as you aren't selling it, and you're not causing a health and safety problem (ie. obstructing the highway) or noise problem.
Oct 12 2008 11:11
#5
As far as I know from years of being a Big Issuer, sellers of newspapers and periodicals are exempt from street trading legislation. Though If you put a table up somewhere it can count as an obstruction of the highway..
Oct 12 2008 11:46
#6
Joseph K. wrote:
as far as i'm aware you don't need council permission (although conceivably there are byelaws, the human rights act would probably over-ride them). the most common laws they use to harass stalls are trespass (since many 'public places' are actually private property these days) and obstruction of the highway, as appears to be the case here (highway includes pavement). it's very unlikely they'll press charges, especially the criminal damage one. if it looks like a pre-planned repression of political stalls might be worth giving Liberty a bell, if it goes to court they know some decent pro bono lawyers for human rights type cases.
I seriously doubt it's going to court. They've arrested people on "willful obstruction" in similar circumstances before. Bizarrely, some people involved are positively gleeful about the prospect of getting their "day in court".
Incidentally, does anybody know what the penalty for willful obstruction would be, in the unlikely event that this went to court?
Oct 12 2008 11:57
#7
That's probably because they see a free speedh campaign developing on the back of this. Precisely why it is unlikely to go to court.
Oct 12 2008 12:52
#8
Jason Cortez wrote:
That's probably because they see a free speedh campaign developing on the back of this.
Yeah, there already is one. I understand why they think this, I just think it's bizarre.
Oct 14 2008 10:44
#9
Some time ago after being hassled by some community copper for selling World Revolution in Plymouth, I rang the council to ask if it was against the law to sell political papers in the street, they informed me that under some some local authority act from 1934 it was legal to sell papers in the street as long as it is not for profit. Since then if hassled I have trotted off this law, which sounds so obscure that it is probably correct, and the official has left us alone. Legalism I know, but it does the job!
Oct 14 2008 15:40
#10
ernie wrote:
Some time ago after being hassled by some community copper for selling World Revolution in Plymouth, I rang the council to ask if it was against the law to sell political papers in the street, they informed me that under some some local authority act from 1934 it was legal to sell papers in the street as long as it is not for profit. Since then if hassled I have trotted off this law, which sounds so obscure that it is probably correct, and the official has left us alone. Legalism I know, but it does the job!
We've already had this. The whole mass stall thing started out back in 2006 when the police were citing an obscure bylaw forbidding handing out leaflets for commercial purposes, they stopped using it when we started pointing out that the bylaw specifically exempts leaflets for political, religious or educational purposes, but they continue to use other laws (often quite creatively) to harass us. I don't think they really care all that much whether what we're doing is legal or not.
Arrest I would think would be very very unlikely. Almost all the time, stalls are fine. The worst that is likely to happen is you get asked to move on. If you refused you could probably get nicked mind. I'm not sure what the law is, I'm just going on previous experience.