A Sydney court has struck a blow for civil liberties, ruling that banning a protester from the inner city is "not proportionate." The decision marks a significant legal victory for demonstrators charged during the volatile rallies against Israeli President Isaac Herzog.

Magistrate Bree Chisholm, presiding at the Downing Centre Local Court, rejected the stringent bail conditions imposed by New South Wales Police on Eyad Shadid. The 25-year-old Palestinian Australian had been barred from entering the City of Sydney council area—effectively the entire CBD—after being arrested at a protest last week. The magistrate’s ruling underscores the tension between police powers and the fundamental right to protest in a democracy.

The "Unreasonable" Ban

Shadid was one of 12 people charged after clashes erupted between police and pro-Palestine demonstrators. He faces charges of refusing to comply with a police direction and resisting arrest. However, his lawyer, Nick Hanna, argued that the blanket ban on entering the city was punitive and "unnecessary."

The court heard compelling arguments against the police stance:

• Proportionality: The magistrate agreed that preventing a citizen from entering a vast metropolitan area was an excessive response to the alleged offence. Shadid is already bound by good behavior bonds.
• Doubt on Directions: The defense raised "real doubt" about whether the initial move-on direction given by police during the chaos was even lawful, noting that Shadid was not obstructing traffic at the time.
• Targeting Prayer: The arrest occurred near a group of Muslim men who were praying, adding a layer of cultural sensitivity to the police's heavy-handed tactics.

Police Overreach?

The prosecutor argued that the ban was necessary for community safety, fearing Shadid would commit further offences. But the court found this reasoning flawed. "We have concerns that the police have been heavy-handed," said Samantha Lee of the Redfern Legal Centre. She warned that bail conditions should not be weaponized as a form of pre-trial punishment.

This ruling sets a precedent for the other protesters facing similar bans. It sends a message to the NSW Police that while public order is paramount, it cannot come at the expense of basic freedoms. For Eyad Shadid, the city is open again, but the legal battle over his conduct at the rally is just beginning.