The Estonian Human Rights Centre (EHRC) is supporting a strategic court case on behalf of OÜ Põnts, whose representative sought to organise a public assembly at the Viljandi Song Stage. The City of Viljandi prohibited the event, citing its incompatibility with the city and community context. In the assessment of EHRC and Kalle-Kaspar Sepper, the sworn advocate representing OÜ Põnts, the city government’s decision has no legal basis, is in conflict with the Estonian Constitution, and constitutes an abuse of public authority.
OÜ Põnts, a cultural organisation, had planned to hold a peaceful public assembly on 1 June, during which a rainbow-coloured fabric artwork created by Karl Joonas Alamaa and Lisette Sivard would be unfurled for just under half an hour. The work was created as part of an exhibition aimed at drawing attention to school bullying.
The organiser, who has a background at Viljandi Culture Academy, acted in good faith and in full compliance with the law — booking the Viljandi Song Stage and registering the event as a public assembly with the Police and Border Guard Board. With the booking confirmed and police permission in hand, all lights appeared to be green.
On 18 May, the City of Viljandi unexpectedly decided to prohibit the public assembly from taking place on city territory, specifically at the Song Stage. As early as April, the city had already signalled its attitude toward the event by leaving an earlier application unprocessed, stating that it “did not fit the context of the City of Viljandi and did not meet community expectations.”
EHRC decided to support the organiser’s legal action against the city, as the case raises matters of significant public importance concerning minority rights and freedom of assembly in Estonia.
“It came as a surprise that such a small and peaceful display of an artwork addressing school bullying was banned by the city government,” said Eva Maris Küngas, representative of OÜ Põnts. “I have lived in Viljandi for some time now and have not had the impression that the community is in any way hostile toward minorities — quite the opposite. I have always felt very much at home and safe in this small town.”
In EHRC’s assessment, the City of Viljandi’s prohibition — issued without substantive justification and after all necessary approvals had already been obtained — constitutes a serious breach of the principles of legitimate expectation and legal certainty. “This kind of conduct by a public authority has a chilling effect on the exercise of freedom of assembly,” said Kelly Grossthal, the EHRC’s expert on freedom of expression and equal treatment. “Taking this to court is both necessary and a matter of principle, in order to ensure that all minority groups recognised under Estonian law retain a genuine ability to exercise their constitutional right to freedom of assembly.”
The City of Viljandi’s decision of 18 May is all the more troubling in that it identifies no risks to public order, safety or security that might justify a prohibition by public authorities. Blanket bans of this kind — groundless and without legal basis — are more commonly associated with countries that do not respect democracy and minority rights, such as Hungary or Russia.
“Freedom of assembly is guaranteed to everyone as a human right enshrined in the Estonian Constitution, regardless of age, political affiliation, disability, sexual orientation or any other ground recognised by law. Restrictions on this freedom are permissible only on grounds established by law, in pursuit of a legitimate aim, and in a manner that is proportionate,” explained Kalle-Kaspar Sepper, sworn advocate at DEM Law Office, which is representing OÜ Põnts. “The City of Viljandi’s decision, however, contains no reference to any specific considerations relating to public order, security or the rights of others that would justify a restriction on freedom of assembly. A local government’s authority to manage public space does not give it the right to disregard Estonian law.”
EHRC stands for an Estonia where the law applies equally to everyone and public services must be equally accessible to all. We are prepared for a lengthy legal process and call on supporters to donate to help cover the legal costs.
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