Brisbane City Council v Le Roy

COURT OR TRIBUNAL

Queensland Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

02/07/2021

LITIGATION TYPE

Access to Justice

SUBJECT MATTER

Protest Activities

REVIEW TYPE

Merits review

SUMMARY

While the case relates to whether the proceeding should be dealt with as a representative complaint, it has some relevance to climate change. The factual background to the substantive dispute is set out at [2]–[9]:

[2] The Respondent, Ms Le Roy, alleges direct discrimination by the Council on the basis of political belief or activity in the area of the supply of goods and services. She contends she is a 62-year-old female who has, at all material times, “identified herself as a member and affiliate of the Extinction Rebellion global movement.” She contends that movement is “a political movement” with “the purpose of encouraging governments to take action to prevent climate breakdown and the extinction of species.”

[…]

[9] Ms Le Roy seeks relief against the Council in the form of a declaration that she has been unlawfully discriminated against on the basis of her political belief and activity, namely her affiliation with the Extinction Rebellion. She also seeks an order that the Council not deny any booking request for its facilities made by any person on the basis of that person’s affiliation with the Extinction Rebellion movement and an order that the Council publish a press release stating that it is no longer banning any person affiliated with Extinction Rebellion from booking or using its facilities. She also seeks costs.

CASE DOCUMENTS

Brisbane City Council v Le Roy [2023] QCATA 90