The District Court in Szczecin dismissed the farmers’ appeal and upheld the decision of the mayor of Myślibórz, who did not agree to organize the assembly and continue the protest on the national “3” road scheduled until June 30. The farmers announced an appeal. For now, they stay on S3.
– The mayor’s decision is justified. A lot of information was collected during the administrative proceedings, emphasized Renata Tarnowska, judge of the District Court in Szczecin, justifying the dismissal of the appeal filed by farmers who, since February this year. they protest on the S3 road.
The farmers’ appeal regarding the possibility of organizing the assembly, i.e. blocking the S3 road, was sent to the District Court in Szczecin, after the mayor of Myślibórz, Piotr Sobolewski, issued a negative decision on April 15 regarding the assembly planned from April 19 to June 30 this year. He justified it on security grounds, citing police statistics. On the road block detour (DW 119), the number of collisions (17 in a month) and accidents increased several times. Due to the blockage of the expressway, local roads are overloaded. Traffic jams are forming. Infrastructure is degrading.
The judge explained that the farmers had indicated in their appeal that there had been a violation of their right guaranteed in Article 57 of the Constitution of the Republic of Poland, i.e. the right to freedom of assembly. In turn, in justification of the decision, the mayor of Myślibórz argued that the rights of the commune’s residents who cannot safely commute to work or school were being violated (1,400 of them wrote a petition to the mayor demanding the abolition of the blockade).
Judge Tarnowska said that “a negative social assessment and negative public perception alone cannot be the basis for a ban on the assembly,” but “the evidentiary proceedings conducted, based on documents presented by the mayor and the applicants, indicate that the decision is justified.”
The decision is substantive. The administrative proceedings were based on information that indicates a real and significant threat to human health, lives and property, she emphasized.
She also recalled the statistics of road incidents prepared by the District Police Commander in Myślibórz.
On the provincial road 119, where traffic has been diverted, it is more and more dangerous,” said the judge. She also quoted information from GDDKiA that during the holiday season, traffic on S3 increases several times. “And in two weeks, May Day,” she added.
Several farmers listened to the ruling, including the authors of the application to organize the meeting, Adam Walterowicz and Rafał Widziak. After leaving the courtroom, they announced that they would appeal against the decision of the Court of Appeal in Szczecin. They have 24 hours to do so. The appeal will be considered by the Court of Appeal. Until then, farmers are expected to continue the lockdown.
– We do not agree with the court’s decision for several reasons. The first is that this protest has not solved anything for us yet (…), i.e. issues related to the profitability of agricultural production and all these other problems – commented Walterowicz, chairman of the Provincial Union of Farmers, Agricultural Circles and Organizations in Szczecin.
He admitted that he was “upset and appalled” by the court’s decision. “Because I hoped that the court would take into account our rights, as well as the rights of those people who drive on this road,” Walterowicz said.
He stated that if farmers are deprived of the right to protest, “they can either tuck in and wait for the liquidation of their farms, or get angry (…) and manifest their dissatisfaction more aggressively.” Just like in France, for example.
– We wouldn’t want it to flare up. It was the most peaceful protest that could take place in a civilized country, Walterowicz emphasized.
The decision of the District Court was announced on Wednesday after 13. There was a court hearing in the morning, during which the parties presented their arguments.
Walterowicz emphasized that farmers would like to end the protest as long as they receive a guarantee that their demands will be met. They are waiting for a meeting with Prime Minister Donald Tusk.
Attorney Adam Matysiak, representative of the mayor of Myślibórz, upheld the arguments of the local government authorities presented in the negative decision. He emphasized that the administrative decision issued “is not a matter of supporting or not supporting the protest, it is a matter of the safety of the participants.”
We are on the eve of the holiday rush, it is about to start with the long May weekend. You have to lack imagination and understanding for other traffic participants to insist on this form of protest – concluded the lawyer.
SSO Renata Tarnowska asked, among others: about the number of agricultural machines at the blockade and the number of protesters. Walterowicz informed that there are about 20 tractors and other vehicles. At night, 4-6 farmers are on duty, and during the day several dozen gather there. The mayor’s representative questioned these data. He said that at the Myślibórz junction, there were 10 tractors parked on the viaduct.
Unused, because all those that are needed are working in the field. (…) We are greeted by two participants of this strike and an effigy with a pitchfork. This is the sight of this strike – he described.
Tractors prevent the passage of the national “3” route in the province. West Pomeranian Voivodeship from February 9 this year. For over a month, the protest took place at the Pyrzyce junction, on March 12 it was moved to the Myślibórz junction, from where the Gorzów Północ junction can be reached via DW119 and local roads.
The main demands of farmers are the “liquidation” of the Green Deal and blocking the import of agricultural products from Ukraine.
tma/jann/