The High Court has granted an interim order preventing Dublin City Council from removing a giant banner proclaiming "No to War, No to Nice and No to American Terrorism" and "People before profit". The banner has been hung by a builder, Mr Michael Wallace, from a Dublin city-centre site.
The order, returnable to 2 p.m. today, was granted by Mr Justice Kelly to Mr Wallace, managing director of M. and J. Wallace Ltd, and the company. The council had issued a notice late on Friday stating that if the banner was not removed by noon yesterday, it would enter the property at Lower Ormond Quay, beside the Millennium Bridge, and remove it.
Mr Wallace and his company argued that, because of the forthcoming Nice referendum, the banner was an exempted advertisement and did not endanger the facade.
Mr Wallace intended to remove the banner on Saturday next, the day of the referendum, the court heard.
The banner was erected on October 2nd. On October 9th the council sent a letter threatening court action if it was not removed.
Granting a temporary order restraining removal, the judge said the council could apply to have it discharged on giving 12 hours' notice to the Wallace side.
In an affidavit, Mr Wallace said that, following the announcement that the referendum was to be held, he on his own behalf and with the authority of the company commissioned production of the banner. It was erected on a steel frame around the facade of the building and expressed his convictions and opinions on the Nice Treaty and the referendum.
Given the prime location of the property, the banner had attracted a lot of attention from the public and the media.
As a citizen of the State, he believed he had a constitutional right to express his opinions and convictions on the referendum and that he was doing so lawfully. He apprehended that, unless restrained by the court, the council intended to interfere with the exercise of those rights.
Mr Wallace said the council's enforcement notice incorrectly stated the banner had been erected on the facade of a protected structure. It was erected on a free standing steel structure, he said.