December 24, 2003
CHINESE spiritual group Falun Dafa has scored a victory against Melbourne City
Council.
The Victorian Civil and Administrative Tribunal yesterday found that the council
had unlawfully discriminated against the group by banning it from this year's
Moomba.
Judge John Bowman found Melbourne City Council had breached the Equal
Opportunity Act 1995 when it refused the Falun Dafa Association of Victoria a
place in the March Moomba parade.
Judge Bowman described the council's actions as "somewhat shabby
conduct".
"In my opinion, not only did the MCC discriminate against Falun Dafa, it
treated it harshly," Judge Bowman said.
"Falun Dafa was, effectively, led along the garden path to participate in
the parade, and then abruptly rejected."
Melbourne City Council contractor PAN Event Entertainment in January confirmed
Falun Dafa's participation.
But in February the council wrote to the group saying the parade was not an
appropriate event for Falun Dafa because of its "strong political
associations".
The group, which promotes meditation and exercise, was banned by the Chinese
Government in 1999. It has staged vigils outside the Chinese consulate
protesting against the persecution of its followers in China.
But Judge Bowman said the council had treated Falun Dafa less favourably because
of its [...] beliefs.
"Whilst obviously I make no ruling in relation to it, some might draw the
inference that it was the MCC, and not Falun Dafa, that was motivated by
politics," he said.
"The situation was poorly handled by the MCC and considerable resultant
inconvenience was caused."
[...]
The group has requested an apology from the council and said it would also seek
an order for costs. The issues will be argued at a directions hearing on
February 3.
Falun Dafa Association of Victoria spokesman Michael Pearson-Smith welcomed the
VCAT ruling.
Mr Pearson-Smith said Lord Mayor John So and Deputy Lord Mayor Susan Riley
"seemed most against" Falun Dafa involvement in Moomba.
The Lord Mayor, who is on annual leave, was unavailable for comment.
Deputy Lord Mayor Riley said the council had considered Judge Bowman's ruling
and would abide by the umpire's decision.
Cr David Risstrom, who voted against the Falun Dafa exclusion, said the VCAT
decision was a victory for decency.
http://www.heraldsun.news.com.au/common/story_page/0,5478,8247133%255E2862,00.html
Category: Falun Dafa in the Media