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"Reinstate 48" posters may be taken down following court ruling
Summary
In a 2016 High Court decision, Justice Peter Kelly denied the Reinstate 48 Initiative (R48) an injunction, allowing Dublin City Council to remove six posters it had placed around the city. The judge found the posters, which promoted a constitutional amendment to restore Article 48 and enable referendums with 75,000 signatures, did not violate electoral law because they did not mention the election, candidates, or constituencies, nor did they exhort voters to support any party. R48's chairman, Stephen Mulcahy, argued the posters were exempt and relevant to the upcoming general election, seeking declarations that the removal was unlawful and breached the Constitution and the European Convention on Human Rights. The court ruled the posters were not election‑related, permitting their removal, and adjourned the full hearing to allow the council to prepare its defence. The case involved €30,000 spent on the posters and a social media campaign, with over 30 candidates pledging support for R48.
Who, what, where, when and why
What: Report matter: "Reinstate 48" posters may be taken down following court ruling. Procedural stage: hearing_or_decision
When:
- 2016-02-19 Publication
Case subjects
Applicant
Outcome: Following his ruling, the judge adjourned the full hearing of the action for several weeks to allow DCC prepare its defence to Mr Mulcahy's action.
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