Preferential Entry to a Municipal Park for Local Residents
On 26.12.2019, ACRI submitted a request to join a class action as an amicus curiae, addressing the decision made by the Afula Municipality last summer, to restrict access to the public park to local residents only. Due to the petition of the legal rights organization Adalah and the involvement of the Deputy Attorney General, Dina Zilber, the municipality backtracked on their decision and reopened the park to all. The class action was filed by a person who came to the park and was refused entry, through representation by Advocate Yamen Masalha.
ACRI’s position, which is summarized in the amicus curiae request, relates to three issues: the accurate interpretation of the prohibition of discrimination on grounds of residence in the Prohibition of Discrimination Law and its applicability with regard to closing a municipal park; the circumstances in which the burden of proof must be transferred when the use of the criterion of “local resident” raises suspicion of discrimination on the basis of nationality; and the importance of authorizing class actions against local authorities with discriminatory practices, even if a local authority has ceased its policy of discrimination as a result of legal proceedings.
Case Number 32648-07-19, Masalha v. Afula Municipality
Amicus Curiae request. Attorney: Gil Gan-Mor
For further information (Hebrew)