Schiphol was not allowed to impose 37 activists from climate group Extinction Rebellion (XR) for the airport prohibition on the airport. The judge determined this on Friday in summary proceedings that was brought by the activists.
The activists were given the area bans from five to ten years after a demonstration last March. XR supporters then had permission to demonstrate in front of the airport. But a few dozen activists managed to pass the security with a cancellable ticket and also demonstrated in the departure hall. That demonstration focused on the loyalty program of KLM, Flying Blue. This allows travelers who get a lot of flies and discounts. According to XR, that stimulates ‘excessive flight behavior’.
But by demonstrating security, the activists undermined ‘the safety regulations’, according to Schiphol,. The departure hall is considered a safety area, for example with a view to terrorist threats. If disruptions are not punished there with an area ban, Schiphol’s lawyer argued during the hearing, that could bring malicious people to ideas. Moreover, the lawyer stated, were the activists not flying against it? She would therefore not really touch an area ban.
‘Inadmissible restriction’
The activists’ lawyers argued that the area ban undermined the demonstration law of the activists. They also raised that the activists in their travel options would be limited by a ban. One of the activists had even booked a trip from Schiphol.
The judge now concludes that the area ban is indeed an “unacceptable restriction” of demonstration law. “A concrete security risk has not been made plausible by Schiphol.” Moreover, according to the judge, the punishment so high that they would have a ‘chilling effect’ on future demonstrators, which would be deterred. The rules of Schiphol were also not clear enough. Previous demonstrations in the departure hall had not led to area bans. Moreover: according to the judge, the activists did not demonstrate so much against flying in itself, but against the loyalty program. The ‘own use of air transport’ was therefore not ‘in principle outside the order’, according to the judge.
In a first reaction to the ANP news agency, Schiphol writes to study the ruling. “We have the legal task of ensuring that the secure area beyond the access control is only accessible to employees and travelers with a valid ticket that are intended to fly,” says Schiphol in a statement. “We perform that task in the interest of our travelers and employees. We are considering how this statement relates to our legal duties and responsibilities.”