Birmingham City Council is seeking a High Court injunction to stop controversial flaggers from continuing their 'day and night' activities, with the authority accusing them of unlawful acts and intimidating residents, a court heard on Wednesday, September 30.
The case, heard by High Court Judge Emma Kelly at the Priory Civil Courts in Birmingham, centres on Ryan Bridge, co-founder of Raise The Colours, and others who have been putting up Union and St George's Cross flags on lampposts and bridges across the city. The council's barrister, Jonathan Manning, told the hearing that the case follows confrontations and incidents over a 12-month period.
Allegations of abuse and intimidation
Mr Manning detailed incidents of people facing abuse and intimidation from those putting up flags, including residents who oppose the flagging being accused of allowing "paedophiles" in the country and of being traitors. He cited Councillor Izzy Knowles, who reported feeling "intimidated" after being "surrounded" by flaggers during an incident in Moseley, the area she represents.
Incidents outside Birmingham, including at Maypole Island and Alvechurch, were also cited by the council to illustrate the flaggers' activities. Waqar Ahmed, Director of Community Safety, Resilience and Cohesion at Birmingham City Council, provided a statement supporting the case.
"The defendants have not been conducting themselves peacefully. The tone of their behaviour has been aggressive, and they have been harassing and intimidating local communities and residents," Mr Ahmed's statement said. It added that they have been doing so "at all hours of day and night, 'unlawfully affixing flags...and causing disruption'" and have confronted residents who oppose them and those who take flags down, including council contractors.
Claims of criminal behaviour and threats
The council's statement further accuses the flaggers of "engaged in tortious and criminal behaviour which is both anti social and dangerous...committing offences under Section 132 of the Highways Act 1980 and...acts of public nuisance." They are also accused of "creating a serious risk of harm, both physical and psychological, to other highway users, council contractors, and local residents."
Mr Manning highlighted a series of messages sent to councillors who have spoken out about the flags issue, including threats, abuse, and hateful slurs. He referred to claims that councillors are "dirty, treacherous paedophiles" and similar slurs, saying these were examples of the impact on councillors and others as a result of the flagging incidents.
"This is not just the council saying there has been a serious and adverse impact (on the city) and not just local residents expressing concern," said Mr Manning. Three local police officers, councillors, and an MP reported the same issues, including threats, intimidation, and threats to community safety, along with an accompanying increase in police and council resources.
Bridge contests injunction
Mr Bridge is contesting the council's injunction application but has not yet presented his evidence to court, which will follow later this year. In a new witness statement served on the council and court on Wednesday, he resists the application for an interim injunction and maintains that he has not committed any appreciable breaches of the civil or criminal law.
Mr Bridge asserts he has a right to express his beliefs and opinions in the form of publicly displaying the flag of his country. "He wishes to continue expressing his views and opinions freely in this way. He does not agree that there is any need for injunction against him and far less a power of arrest," the statement said.
"In his view the effect of the injunction, if granted, is that it will silence him and others in their expression of legitimate political views and opinions. The council has brought this application for an injunction at great public expense, in attempted vindication of a pointed political agenda."
Undertakings and next hearing
Four of the named defendants have now given legal undertakings not to put up flags in future, which the council has accepted. These are Julian Keane, Elliot Stanley, Mark Keating, and Ross Waldron, also known as Ross Child. A fifth defendant, Ben Cullen, has told the court he does not wish to take part in the case. The only participating named defendants remaining are Mr Bridge and Billy Allison.
In a statement issued after court, Raise The Colours said: "Today's hearing raises important questions concerning the proper limits of an injunction which affects freedom of expression, peaceful assembly and the public display and promotion of national flags. We respect that these are matters for the court to determine. The allegations made by Birmingham City Council remain allegations and are being contested through the proper legal process."
Ryan Bridge, through his barrister Dr Liam Wells, will have the opportunity to put his legal position before the High Court and challenge both the factual basis and proportionality of the relief sought. The defence asks the court to refuse the interim injunction, arguing that the legal threshold has not been met, the proposed order is excessively broad, and insufficient justification has been established for interference with Mr Bridge's rights under Articles 10 and 11.
The council said: "The Council's application for an interim injunction had its second hearing in court today. The case has been adjourned to allow the court sufficient time to hear from the defendants including persons unknown." At today's hearing, the judge accepted two interim undertakings from Ross Waldron and Mark Keating, who agreed not to attach flags without council consent, organise or publicise related events, interfere with the removal of flags, or obstruct the highway.
A further hearing is scheduled for 10.30am on Monday, November 2, at the Birmingham Civil & Family Justice Centre.
