Today inCentral district court of Nikolaevthe destiny of a festival which in Nikolaev representatives of sexual minorities plan to hold on May 15-17 is decided.
"Crime. Is NOT PRESENT"already reported thatNikolaev association of gays and lesbians "League"plans to hold this weekend in the city a festival. Among actions - run, a soccer match between women's teams, poetic evening, a photo exhibition, and also the travesty - show - but already as corporate action of members of "League".
Some of festival stages, are carried out with other public organizations. For example, run in which everyone will be able to take part, is organizedIndigo charity foundationtogether with "League". As on May 15President V. YushchenkoI declared the Day of mourning in memory of victims of political repressions, "League" planned also a flash - моб during which in memory of victims of political repression candles will be lit.
Only, but fundamental difference of this mass action from others nonconventional sexual orientation of its participants is.
The claimant in the personAleksandra Slobodyana the city executive committee,acted which in the claim demanded to forbid a festival, and the respondent in the personhead of "League" Oleg Alyokhin.Representatives were on the side of opponents alsoalso"The Zaporozhye Cossacks", Dialog center and public youth organization "Young Guard".
As it became clear during meeting, still on May 5 the city authorities publicly declared the ban of a festival. And all anything and here only the application for participation "League" gave … on May 6 after a dinner. That is one day earlier and to forbid as it appeared, there was still nothing. As so ridiculous incident became possible - the official representative of executive committee Alexander Slobodyan couldn't explain to court and present.
Despite telling arguments of that and other party in own favor, the judge Vladimir Aleynikov throughout all meeting stayed in full misunderstanding of a subject of dispute between representatives of Association of gays, lesbians and bisexuals "League" and the city power, and therefore decision-making was tightened. The judge sincerely endeavored to understand for himself three fundamental things in consideration of the case: that will be the declared action against what, actually, the executive committee protests and at what here in general39 Art. ConstitutionsUkraine, which, apparently, the declared action doesn't contradict? !(Red. Article 39. Citizens have the right to gather peacefully, without weapon and to hold meetings, meetings, processions and demonstrations on which carrying out executive authorities or local governments are beforehand notified. Restriction concerning realization of this right can be set by court according to the law and only in interests of national security and a public order - for the purpose of the prevention of disorders or crimes, for public health care or protection of the rights and freedoms of other people).
Then neither the declared soccer matches, nor poetic evenings don't fall under this article because are carried out by other organizations without any restrictions?
As the argument of the position opponents insisted that all actions with participation of gays and lesbians will carry propaganda moods, and being expressed more simply, both Cossacks, and executive committee simply are afraid, "that these zbochinets will corrupt our youth".
On whatOleg AlyokhinI assured that neither the symbolics, nor the content of actions won't carry any sexual coloring as a main objective of a festival with participation of gays and lesbians - not promotion of the orientation, and desire to show that they same, as well as all the others, and live the same interests … "and who with whom sleeps is a private matter of everyone".
Probably, the argument sounded rather convincingly then the accent of charge of opponents was smoothly displaced on that "нетрадициалы" festival venues didn't specify. Though initially both Cossacks, and executive committee in the person of the representatives accused "League" of promoting of "perversity" among the population, and especially youth.
However Oleg Alyokhin's answer that all of them will take place in the different, already in advance rented places - opponents didn't satisfy.
As a result, according to the official representative of executive committee Alexander Slobodyan it became clear that at the heart of a ban of executive committee fear of promoting of "perversions", namely "mystery" with which the venue is covered lies not. And the power wishes to know! And it is right, it is necessary to tell, has, to be aware of that is created near by, in the city entrusted to it. Because … the gay - a festival, and a public order wishes to take measures for safety both participants!
On what Oleg Alyokhin reasonably noticed, what the contract with one of security firms is for this purpose already signed, and also expressed bewilderment - why instead of requesting interesting their information, it was simpler to authorities to appeal to court with the claim and to demand a ban?
On natural bewilderment of the judge "if it simply soccer and a photo exhibition - why in the demand in executive committee was required to advertize the sexual orientation? " - the head of "League" answered:
- One of the action purposes - fight against a homophobia which prospers in our society. We don't want that concepts HIV and AIDS were connected with us only. Besides, our organization - while only in Ukraine which interacts with the city power. We wanted that everything was lawful.
Discussions were very tightened in time, thus representatives of the protesting party behaved much less adequately, than the respondent, both the argument, and which behavior considerably won against offensive remarks and disrespectful behavior of opponents.
Alyokhin's answers categorically didn't satisfy the counteracting party. Opponents passionately wished to know where the Nikolaev gays and lesbians will gather for the "a life holiday"? From opponents offers "be closed at itself at office and read there the verses" were heard even not to shock and "to corrupt" the public.
Anyway, on a question of the judge of a festival venue, the head of "League" refused flatly it to sound. It proved the refusal by that in relation to persons of nonconventional sexual orientation in society aggression manifestations are frequent, and for safety of participants refused to publish this information in the presence of aggressively adjusted opponents, having suggested to inform court on it in writing and confidentially.
In this regard, at present in painful consideration of the case on the Iridescent Spring festival with participation of representatives of the Nikolaev sexual minorities the break is declared till 17 o'clock.About to what decision the court as a result will come - we will surely tell you.