Waterpark owner files lawsuit over right to protest

ATTORNEYS for Debe businessman Vijay Ramai, owner of the Fun Splash waterpark, have filed legal proceedings against the State over his not being allowed to hold a one-man protest outside the Red House in early February against the Government’s safe-zone policy.

The claim filed by attorneys Larry Lalla and Taruna Mangroo in the High Court on Friday, challenges the police’s instruction to put down his placard as he had no permission from the Police Commissioner to hold a protest.

The claim seeks several declarations that the actions of the police on February 4 were unlawful and constitutional, as Ramai’s rights to freely exercise his freedom of thought and expression by staging the one-man protest were infringed.

The lawsuit contends there is “no law passed by Parliament that imposes any restriction on the right, or ability, of a person to engage in a personal protest in a public place to raise concern and awareness about any issue that is of interest to that person of the public.”

It also said no law imposed any restriction against someone's protesting using a placard or any other means of peaceful and reasonable communication.

The claim said Ramai was a civic-minded person with a deep-seated concern for the way the country's affairs are being conducted and was, at the time, very concerned about the safe-zone policy and the harmful effects it was having on his business.

While outside the Parliament, Ramai was advised by PC Sinanan of the Central Police Station he could not be there, since he did not have the permission of the Police Commissioner to hold the protest.

Ramai told the officer the law did not require him to seek permission, but eventually put down his placard, saying he felt intimidated by the police.

Ramai explained he was there for a peaceful demonstration to highlight his dissatisfaction with the safe-zone policy, which discriminated against businesses like his since, at the time, children under 12 were banned from safe zones.

The public health regulations were amended on February 21 to allow unvaccinated children under 12 into safe zones, accompanied by vaccinated adults.

At the time, Ramai said his business had taken a serious hit, having been closed for 23 months. He also said he had tried to engage with the Health Minister to arrive at a solution, saying collaboration worked better than intimidation.

“The safe-zone policy is unfair to us,” he said as he stood on the pavement with his sign, which read, “Safe Zone Discriminates and Oppressive. Fix it Now.”

The claim said up until February 21, waterparks were banned from admitting unvaccinated patrons, particularly children under 12, who were not prevented from going to beaches and rivers.

“The claimant was of the view that this practice was discriminatory and was of the view that the best place to raise concern about this issue and to exercise his liberty and fundamental rights to freedom of thought and expression on the issue was on the sidewalk in the front of the Red House, the seat of Parliament, and on the day that the House of Representatives sits at the Parliament, by standing a peaceful one-man protest.”

It also said after police told him to take down his placard, and believing he had no choice and would be arrested if he failed to comply, he removed himself from the sidewalk with his placard.