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Aug15, 2003
COURT INJUNCTION BLOCKS PROTEST AND CONSTRUCTION

An interim injunction was put in force this afternoon that forbids Showstoppers and others from picketing, camping and other forms of protest in the area of the proposed expressway construction site near Greenhill Avenue and Albright Road. However, the injunction also forbids the City from engaging in construction activity (except for a fence to protect the safety of students attending Elizabeth Bagshaw School). The interim injunction will remain in force until the next court date in the first week of September. It was agreed upon by lawyers for both the City and the two individuals who were named as defendents in the City’s injunction motion issued earlier this week.

The decision means that construction originally scheduled to start on July 14 will not take place before September at the earliest. It has also required that the Park-nic planned for Sunday be relocated from the Greenhill grass area (see notice below).

Violations of the interim injunction may result in contempt of court charges with the possibility of heavy fines and/or imprisonment. The court also agreed to receive new motions up until Tuesday, August 19 from anyone wishing to become a Party to the injunction case, or wishing to be an intervenor.

While the court action means a further delay in the efforts of the City to begin construction, the citizens named in the court action, and any who choose to become Parties to the action, could be forced to pay for a substantial portion of the City’s legal costs. Those costs are obviously already quite substantial, as evidenced by the several hundred pages of material of legal documents which were served on the two citizens earlier this week. The City has hired very expensive outside lawyers to prepare and press their injunction attempts. In the past, the Council supporters of the expressway have spent more than $4.5 million of taxpayers money on lawyers and lobbyists in court action against the federal environmental assessment of the expressway.

The court injunction follows unsuccessful efforts by the City to convince the Hamilton police department to charge the hundreds of residents who have maintained picket lines at Greenhill Avenue and Albright Road since the early morning of August 5 as well as the individuals who have camped continuously in the designated “construction zone” since that time. A celebration of those successes is planned for Sunday as described below.

Representatives of the Haudenosaunee Confederacy who established a Roundhouse and a sacred fire earlier this week in the natural area threatened by the Greenhill construction plans, remain on the site. The band council of the Six Nations on the Grand subsequently issued a letter calling on the City to stop construction.

Kids!

Bring your parents to the

Red Hill Valley Family Parc-nic

this Sunday from 1:00 to 5:00 pm

There will be music, art, games, and fun for all. Guided tours of the valley will be offered both on foot and by bicycle. This is a great opportunity to meet your neighbours in the community for some family fun and to celebrate the Red Hill Valley.

What to bring:
- Food for potluck lunch (including plates and utensils)
- Outdoor games (soccer balls, badminton, frisbees, etc.)
- Bicycles
- Musical instruments (there will be a sound system set-up)
- Lawn chairs and folding tables

Where: Albright Road, between Red Hill School and Elizabeth Bagshaw School (just west of Mount Albion Rd.)

When: This Sunday, August 16 from 1:00 pm to 5:00 pm

 


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