Adalah Petitions Supreme and District Courts on behalf of Arab Al-Midan Theater: Culture Minister and Haifa Municipality Illegally Freezing Funds
Yesterday, 19 October 2015, Adalah on behalf of the Arab Al-Midan Theater in Haifa submitted two petitions challenging the freezing of state funds to the theater since May 2015. The first petition was filed to the Israeli Supreme Court against the Ministry of Culture and its Minister, Miri Regev, who froze the transfer of government funds to the theater, and the second petition was submitted to the Haifa District Court against the Haifa Municipality, which also suspended the municipal support for the theater. Adalah Attorneys Sawsan Zaher and Muna Haddad submitted the cases.
In the petitions, Adalah argued that the Culture Ministry’s decision to the freeze the funding was illegal and that the funds to support the theater should be returned immediately. "The Ministry of Culture has stopped support [for Al-Midan] on grounds that do not meet the basic requirements of administrative law: no hearing was held before the decision was made; no formal reasoning was provided for the decision; the decision was contrary to the recommendation of the Financial Support Committee; and it did not have any proper factual basis."
“The play was approved three times by professional bodies, including ones supported both by the Ministry of Culture and the Ministry of Education, and it was even confirmed to be a part of the state-supported culture basket.”
The Culture Ministry and the Haifa Municipality announced the freezing of the funds following the performance of the play “A Parallel Time” by director Bashar Murkus. Regarding this context, Adalah argued that, "The minister's decision was made contrary to decisions made by the organizations in charge of the matter. The play was approved three times by professional bodies, including the Financial Support Committee, which is supported both by the Ministry of Culture and the Ministry of Education, and it was even confirmed to be a part of the culture basket [state-supported performances for students]."
In the petitions, Attorneys Zaher and Haddad stressed the opinion of Attorney General (AG) Yehuda Weinstein, which is contrary to that of Minister Regev. According to the AG, "It is forbidden for [Culture Minister] Regev and all other political bodies to interfere with the content of arts and cultural organizations that are supported by law. It is also forbidden to intervene in decisions of professional bodies regarding [institutions’] compliance with the terms of support, and only the Financial Support Committee and other professional bodies are in charge of the approval of subsidies for culture."
The petitioners contended that there are grave consequences to the decision, as it constituted a sweeping violation of constitutional rights such as freedom of expression and equality for the Palestinian Arab minority in Israel. "Authorities that finance cultural institutions have to do so on an equal basis in order to guarantee the realization of the right to freedom of expression in an equitable manner. When the respondent has frozen funding to the petitioner, despite its earlier approval, then it automatically violates the petitioner's freedom of expression. "
“When the authorities impede exposure to opinions associated with the minority group, the result is the transformation of the cultural and artistic arena into a mouthpiece for the majority.”
Adalah further argued that: "The petitioner, Al-Midan, is an Arab theater, a cultural center for the Arab population. Therefore the freezing of the budget means [essentially] the elimination of theater for Arab citizens of the state. It is also a violation of the right to equality of visitors to the theater, most of whom are Arab citizens that want to observe plays, works of art and other theater events. Providing budgets for the arts and culture produced and consumed by the national minority is not a matter of choice or grace. It is an obligation imposed on the [Israeli] authorities. When [the authorities] impede the realization of pluralism that allows exposure to opinions associated with the minority group, the result is the transformation of the cultural and artistic arena into a mouthpiece for the majority."
The petitioners also contend the minister's decision could lead to the closure of the theater: "In a situation where state support amounts to 30% of the theater’s budget, then its suspension is profound, the damage is irreversible, and its consequences may be the closure of the theater." In light of this, Adalah demanded that the Supreme Court order the transfer of funds to Al-Midan Theater immediately. Similarly, regarding the petition submitted to the Haifa District Court, Adalah contended, based on the same reasoning above, that it is the duty of the Haifa Municipality to transfer its support to the theater immediately.
Case citations:
HCJ69821/15, Al-Midan Theatre v. the Ministry of Culture and the Minister of Culture
District Court (Administrative Petition), 35936-10-15 Al-Midan Theatre v. Haifa Municipality
