Taking the city council on?

bluevoice

Hello

I am wondering if anyone can advise/point me in the right direction regarding the possibility/process of taking a city council to court over bye-laws? I have looked online and cannot find any relevant information. The ombudsman cannot help on this issue.

Thank you.

Victor

What is the nature of the issue?

If you don't like the bye-laws, e.g. a fee is too high, all you can hope is that the council revises them - this is a function of the councillors.

If you think the bye-laws are inconsistent with the act under which they were created or are being implemented incorrectly, then it is a matter of convincing the council officials (perhaps using a solicitor to do this) and if you are being adversely affected by the bye-laws, judicial review may be possible.

bluevoice

I am being adversely affected. The Galway City Council just voted in very restrictive busking bye-laws ("amended" at the last minute to be even more restrictive than the draft put out for public submission). The vote was 9 for 9 against with the mayor casting the deciding vote for the bye-laws. These bye-laws will effectively halve my income, limit my working hours to 4/5 hours a day and the places I may work are also greatly diminished. The bye-laws also restrict freedom of expression, enact fines for the actions not of buskers but of their audiences, and interfere with the way buskers go about our work (how we queue). The buskers' community believe that some, if not all if not all of these bye-laws may be illegal, and we are attempting to find out what we can do about it re: the judicial system.

Victor wrote: »

What is the nature of the issue?

If you don't like the bye-laws, e.g. a fee is too high, all you can hope is that the council revises them - this is a function of the councillors.

If you think the bye-laws are inconsistent with the act under which they were created or are being implemented incorrectly, then it is a matter of convincing the council officials (perhaps using a solicitor to do this) and if you are being adversely affected by the bye-laws, judicial review may be possible.

hullaballoo

Speak to a solicitor. You may meet resistance from local solicitors who could well be in cahoots with Councillors or indeed be Councillors themselves so I would suggest looking for a solicitor from another part of the country.

Edit: just to add, you need to shift your feet on this as there are time limits so start looking now and speak to a solicitor in the next few days.

Robbo

bluevoice wrote: »

I am being adversely affected. The Galway City Council just voted in very restrictive busking bye-laws ("amended" at the last minute to be even more restrictive than the draft put out for public submission). The vote was 9 for 9 against with the mayor casting the deciding vote for the bye-laws. These bye-laws will effectively halve my income, limit my working hours to 4/5 hours a day and the places I may work are also greatly diminished. The bye-laws also restrict freedom of expression, enact fines for the actions not of buskers but of their audiences, and interfere with the way buskers go about our work (how we queue). The buskers' community believe that some, if not all if not all of these bye-laws may be illegal, and we are attempting to find out what we can do about it re: the judicial system.

Do let us know how you get on as this has all the makings of classic exam question scenario for a Constitutional/Administrative law paper.

Victor

bluevoice wrote: »

"amended" at the last minute to be even more restrictive than the draft put out for public submission.

If this is a major change, it can be argued it is improper.

I don't have much (legal) sympathy for the rest, but get a proper professional opinion for that.

hullaballoo

Victor wrote: »

If this is a major change, it can be argued it is improper.

I don't have much (legal) sympathy for the rest, but get a proper professional opinion for that.

As suggested by Robbo, there's actually a lot more to it than just the propriety of a late amendment.

There are all manner of constitutional questions around the council's acts here and the right legal advice in these circumstances could see a very positive outcome.

Mrs OBumble

These by-laws include one that says a busker may not perform anything which anyone may find offensive.

I expect that the freedom of speech angle could be interesting.

nuac

There is a thread in "Galway City" on this.

I presume the draft bye-laws have gone thru the usual process of publishing the draft, public representations, discussions at Council meetings etc.

Might be cheaper to suggest a Council review of these bye-laws after a year or so in operation rather than heading to the High Court to review them. HC may take more than a year to deal with the matter.

Lmklad

Mrs OBumble wrote: »

These by-laws include one that says a busker may not perform anything which anyone may find offensive.

I expect that the freedom of speech angle could be interesting.

As far as I’m aware we don’t have freedoms of speech here, rather freedom of expression.