Melbourne Herald Sun: Moomba exclusion unlawful

Kate Uebergang, urban affairs reporter
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 [festival].

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