Court: Rejecting Anti-homophobic Banners not Discriminatory

Tbilisi City Court of Justice did not consider discriminatory the refusal to place anti-homophobic banners at Tbilisi metro stations and bus stops.

Judge Ekaterine Bitsadze adjourned the hearing three times before announcing the decision. Equality Movement will apply to the Court of Appeals after submitting the justification of the rulling.

The case concerns Alma’s refusal to place anti-homophobic banners on May 17, which Equality Movement has appealed to the Tbilisi City Court. Alma is a company holds banners in Tbilisi metro stations, at the bus stops and in the streets.

Because of the increased danger from anti homophobic groups Equality Movement decided to protest homophobia with banners at the Tbilisi subway and bus stops, instead of holding a public demonstration on May 17, 2019.

We prepared 11 anti-homophobic banners. At the first stage the communication with Alma was successful, we made a contract. Company officials were aware that the slogans would be anti-homophobic and addressing equality. However, after sending visual materials, they refused to place the banners and canceled the contract.

The company cited one of the reasons for the refusal, that anti-homophobic and equality banners would increase the risk of vandalism and endanger the safety of passengers at bus stops.

Equality Movement considers Alma has taken a discriminatory approach. The company urged that they were forbidden from engaging in social campaigns. Although we received no response to request information on the legal basis for this restriction.

At the legal proceedings, lawyers of Equality Movement provided documentation proving that banners with political content, even causing civil anger during pre-election period in 2018 were placed on banners of Alma at various times.

It should be noted that Alma is in fact is a monopolist – the banners on the city’s central streets, subways and bus stops are their property. This restriction  aggravated the situation as Equality Movement has  disrupted all effective ways of delivering messages to the society.