In an outrageous use of the courts, on Tuesday 16^th July McDonald’s began serving papers on the “Tecoma 8”, summoning them to appear in the Supreme Court on July 18^th. The 8 individuals being sued are being held responsible by McDonald’s for all the damages and costs McDonald’s allegedly faces in relation to delays to construction of the proposed McDonald’s in Tecoma. These could amount to hundreds of thousands of dollars.

Despite only four of the defendants being served by the morning of the 18th, and two of the defendants being served so shortly before the hearing that they had to represent themselves as they had not had time to brief a lawyer, the Supreme Court judge agreed to hear the first part of the case. In contrast McDonald’s had a legal team of 8 lawyers and had to wheel their paperwork in on a trolley! It should be noted that Karl Williams did a great job on all accounts representing himself in the courtroom. The judge placed a temporary injunction that lasts until the next stage of the hearing on August 1st. The interim injunction not only places restrictions on the 8 people served but anybody who entered the McDonald’s site, without their consent, between 1 and 17 July 2013 (‘Group A’) and anybody who impeded the access of workers or vehicles to the McDonald’s site between 1 and 17 July 2013 (‘Group B’).

The injunction is highly undemocratic in that it not only prevents all those covered by the injunction from protesting non-violently within a restricted area but also prevents them encouraging others to continue to non-violently resist the demolition at the site. The judge said that social media was not to be “used for a call to arms” for blockading the construction. The McDonald’s lawyers brought into court as evidence reams of screenshots from social media.

All of the people named in the suit are accused of no more than participating in non-violent civil disobedience to the construction of the store resulting in minor criminal charges such as trespass. One of the eight has not even been charged with a crime but instead is alleged to have briefly delayed a truck. Others are accused of acts such as briefly being on a roof to take photos or briefly delaying a portaloo truck! McDonald’s has also cited as evidence their “incitement” of others because they dared to give interviews to the press or encourage people to protest on social media. For these actions they face tackling one of the largest corporations on the planet in court and finding themselves staring down potential costs of hundreds of thousands of dollars.

This is corporate bullying of ordinary citizens of the worst kind. McDonald’s freedom to “enjoy their property rights” is being privileged about the rights of freedom to protest, assemble and expression. If this law suit stands then it sends a chilling message to all communities and groups who dare to non-violently protest in a way that costs a major corporation money.

Tecoma Anti-McDonalds Solidarity Fund
BSB: 633-000 Account No: 149927477

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Related Media

Coverage on Crikey.com
The Drum: Fast food gian wins court order preventing call to arms social media use
Herald Sun Editorial
ABC Lateline: McDonalds sues protestors

The Herald Sun today reported that McDonald’s had “indefinitely delayed” construction of the proposed Tecoma McDonald’s until the site is “safe and secure”. The Age however quoted McDonald’s spokesperson  Skye Oxenham as saying “It hasn’t been delayed indefinitely, but there is a temporary delay. We’re still moving forward behind the scenes.”

The feeling at the site meeting this afternoon was unanimous, this announcement changes nothing and our blockade and occupation will continue until McDonald’s formally announces they are not proceeding. It’s important to remember that the union ban on workers on the site is based on the fact that it is not a safe worksite whilst we continue our protest. Therefore it is even more important the blockade continues. Protestors will be on site from 7AM Saturday morning to continue the community blockade.

ARRESTED PROTESTOR CONTINUES HER PROTEST

Marcia, the local protestor who yesterday jumped on a contractor’s truck and was charged with trespass and a traffic offence, was placed on bail conditions that said she was not to return within 100 metres of the site. Undeterred, she set herself up 100m from the site with her protest sign! However a divvy van of police soon pulled up and demanded she move further away from the site or face arrest for breaking bail conditions. Refusing to move Marcia told them she was 100m from the site and if they did not believe her they should come back with a tape measure. Marcia shows how this community will not be intimidated out of expressing our opposition to McDonald’s in Tecoma.

MORE BAD PR FOR MCDONALDS

The Media/PR onslaught against McDonald’s continued today with several fantastic live crosses from the Channel 9 “Today” show this morning. Protestors came out at 5AM to sing “The Ballad of Tecoma” to a national audience.

Mark, one of our intrepid roof top occupiers, also gave a fabulous interview on the 7.30 Report which really covered the reasons why we are fighting so hard against this development.

In a roller coaster 24 hours, the campaign experienced some high and lows whilst continuing to  maintain our roof occupation and blockade.

ASSAULT OF JANINE WATSON BY MCDONALD’S SECURITY

Late Wednesday night, Janine Watson who was celebrating her 50^th birthday whilst occupying the roof of the Old Dairy, offered some birthday cake to McDonald’s security guards. They took the opportunity to pull her down off the roof. She grabbed the top of the fence on the way down resulting in her receiving cuts and bruises to her hands and two broken fingers. She was then assaulted on the ground by four security guards. In a deep state of shock Janine was taken to the hospital by fellow protestors where after being treated she rested overnight. Janine was interviewed by a number of media outlets the following day, refuting the information of police and McDonald’s security that she “fell from the roof” and was not assaulted.

Hear Janine tell her story on ABC 774

SUPPORT FROM VICTORIAN TRADES HALL COUNCIL

In contrast the campaign received a huge boost today with the following statement released by the Victorian Trades Hall Council:

“The Building Industry Group meeting today convened by the Victorian Trades Hall Council resolved to support the rights of the Tecoma community to protest against what they believe inappropriate development.

Building workers in Victoria have a proud tradition of protecting those things that make this state great. All Victorians are able to enjoy the City Baths, the Melbourne Market and the magnificent Regent Theatre because building workers refused to demolish these treasures.

In Tecoma, passionate local protesters are committed to preventing what they see as inappropriate development.

In those circumstances it is not safe to put building workers in the middle. Both in terms of access and egress from the site and in terms of operating large machinery, the work that is required can not be done where there is a constant threat of intruders.

Further, we do not believe that it is reasonable to put building workers in the middle of such a heated debate.

We seek that the Victorian Government take a proactive approach to resolving this dispute.
They should convene a meeting of the Local Council, the local MP, the developer, the VTHC and representatives of the protest group.

All of the parties should be working towards a resolution, and we commit ourselves to participate constructively in that process.”

Once again we would encourage everyone to pass on their thanks via social media to the CFMEU, ETU and other Unions THANKYOU!!!!

Whilst this union ban throws a major spanner in the works for McDonald’s, as the company building the proposed outlet in Tecoma is fully unionised, we will continue to maintain our picketline from 7AM everyday. Please get down there whenever you can.

SECOND ARREST FOR TRESPASS

Today on site a campaigner Marcia took the brave step to take a stand when she entered the construction site and jumped on the back of a contractor’s truck that had entered the site. Police arrested her and charged her with trespass and a traffic offence. She was taken to the Belgrave Police Station where she was held for an hour.

As a campaign we have pledged to stand by anyone who is arrested by linking them with pro bono legal representation, providing ongoing moral support, and fundraising to assist with any legal fees/fines that may be incurred.

Also, once again, the brave rooftop occupiers continued their elevated protest atop the old Dairy in the face of the violence meted out by the McDonald’s security.