In an outrageous use of the courts, on Tuesday 16th July McDonald’s began serving papers on the “Tecoma 8”, summoning them to appear in the Supreme Court on July 18th. 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
This deserves every effort to present copies of the report to everyone approaching the McDonald eatery once it is up and ruining. For as long as the eatery lasts. Maybe other McDonald’s eateries globally as well. The question needs to be asked publicly how McDonald’s manages to sniff out biased judges as it also did in the UK.
Macdonald’s are doing themselves NO favours by trying to force their product onto communities who don’t want them. What, there aren’t enough greasy sugary golden arches stores? The whole world has to be one big consumerist nightmare with Maccas leading the assault on community and on individuality?
Get it, Macca’s, we DON’T all want you!!! You have ENOUGH!!
I know that Macdonald’s corporate mission is to have everyone eating their products. Everyone. That’s undemocratic. That’s anti freedom, anti human rights, anti community. The only winner there is Macdonald’s.
Be ashamed, Macca’s, be horribly horribly ashamed for forcing yourself on those of us who say no.
We all have the right to say no, don’t we?
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Every resident in Tecoma must boycott this business and encourage anyone visiting to do the same. If they make no money they will go away – but the damage will be done.