Eviction of Gallery from Municipal Building
ACRI represented Barbur Gallery in Jerusalem in an appeal against the intention to remove it from the structure in which it operates due to political events that took place there.
On 30.8.2018, the Jerusalem Magistrate's Court accepted the Jerusalem Municipality's allegation, and instructed the nonprofit that operates Barbur Gallery to vacate the municipal property in which the gallery has operated over the past 13 years. The judge agreed with ACRI's claim that the suit was solely filed due to the political events that took place there (such as hosting the executive director of Breaking the Silence, or a seminar on the Israeli-Palestinian Bereaved Families Forum Memorial Day service), yet determined that this bore no weight. According to the ruling, the municipality demands the return of an asset in its possession, to which the gallery has no right, and therefore there is no legal claim to justify rejection of the claim.
Attorney Yossi Havilio, who represented the organization in a Magistrate Court hearing, appealed to the District Court. The appeal claimed, among other things, that the judge ignored a ruling by the Supreme Court that determined that a local authority is not entitled to prevent political activity in its facilities. After Attorney Havilio was elected to the municipal council, ACRI took on further representation of the appeal.
In a hearing held on 1.5.2019, the parties accepted the court's proposal and agreed that the gallery would appeal to the Jerusalem Municipality within 45 days, requesting that the building in which it is located be allocated for its use, and that the municipality discuss the request. If the request is rejected, the gallery may file an administrative appeal against the decision.
Civil appeal 49218-10-18 Sustainable Association for Art Culture Music and Peace v. The Jerusalem Municipality
Attorneys: Avner Pinchuk, Dan Yakir
For further information (Hebrew)