I am not inciting anyone to break any law.
This essay is to justify what I am doing.
I have only ever been involved with lawful protest, street marches, public rallies and demonstrations. Always within the law and always on the declared basis that I would not attend and would leave if anything unlawful was done (by the side that I was on).
Protests though are not civil disobedience, they are within the law.
Plato famously agonised over this in the Crito: There is a reasonably detailed discussion set out in this paper of modern attitudes to civil disobedience. https://plato.stanford.edu/entries/civil-disobedience/
It seems to me that one has to have reached the end of using reasonable means of lawful politically persuasive methods for change before one can justify going the next step and being a law breaker.
The paper referenced above says that features of Principled Civil Disobedience are: Civility, Publicity, Non-violence, Non-evasion, Decorum.
The circumstances that create the situation that I find necessary to be civilly disobedient to are:
- I was been vaccinated against Covid 19
- I travelled by plane from Adelaide to Canberra on 19 June 2021
- I drove from Canberra alone directly to the snow fields in the Kosciuszko national park stopping only at Cooma on the way.
- I used the NSW Government smart phone tracing app for premises I entered in NSW
- Entry to the snow fields to me, and everyone, was dependent on not having been in any Covid hotspot.
- On 23rd June 2021 I departed the ski fields alone by car and drove directly to Canberra stopping only at service stations.
- I stayed in Canberra overnight and used the ACT Govt. smart phone tracing app for premises I entered in ACT
- I travelled by plane from ACT, via Melbourne where I did not leave the airport lounge, arriving in Adelaide.
- I logged my arrival in Adelaide on the SA Govt. smart phone tracing app.
- I logged my arrival with the Police pre-permission to return which had been obtained before leaving the state email procedure and I provided that ET (Exempt Traveller returning to home state) reference number.
- Exempt number provided to the airport checking delegate State Co-ordinator appointed under the Emergency Management Act 2004 for the State of South Australia
- I advised that my dog was in boarding kennels and asked for an exemption to collect him.
I was then given personal direction, in addition to the State wide applicable direction, to the best of my recollection, as it was not given in writing, to go directly home. Not to stop anywhere. To self-isolate at home for 14 days. To take a covid 19 test on days 1, 5 and 13 and regardless of the result of the test to remain isolated.
I asked if I could appeal to him to be released from the direction so that I could collect my dog from the boarding kennel and to exercise outside of my home with my dog.
He said no. I formed the opinion that he did not really know if there was any method of appeal and he said that I should try the Health Department, or words to that effect.
I told the airport delegate that I would comply with the direction, that I was not criticising him personally but that the direction was completely ridiculous to have no nuance, or words to that affect. But I did comply with the “civility” aspect of civil disobedience that I did not know then may have to come.
Apart from “no-reply” acknowledgements, only the Ombudsman has responded saying it is none of their business.
In Canberra Airport I wrote letters to the Editor of various newspapers and the Adelaide Advertiser did publish one, in which I protested the potential lockdown.
I have since written a number of other letters and contacted newspaper and other media outlets with a view to obtaining some publicity if I was going to be blatantly disobedient.
I had even written and supplied a draft for the authorities which specified the exemption that I sought. I said:
"I request that you modify the direction to me to the extent that I be permitted twice per day, once a.m. and once p.m. to leave my home, at 1 Warren Street,(on the junction with Union Street) Gawler East, SA 5118, together with my dog on foot to travel north on Union Street by the nearest practical route to Clonlea Park for a period of no more that 45 minutes on each occasion and return by the same route."
Since driving directly home from the airport, not collecting my dog. Having a pet-taxi collect him next day. I have complied with the direction everyday until yesterday.
I attended at the covid test clinic on day one, about 1.2 k.m, before I got my dog back. I put on my shorts and running shoes and jogged up there. Apparently that is compliant.
On days two, three and four I ran myself and my dog up and down and around my house inside my garden for 25 minutes wearing a track in the lawn. (see later video)
I obtained, from a friend a treadmill and I am trying to train the dog to run on it. Fair to say he does not yet jump on to it and ask me to turn it on for him.
On day five I ran up to the covid test station again, this time taking the dog with me. But there was a fair queue so I ran him back home again, and went up their to join the queue by myself.
Both day one and day five tests were negative.
The Police came on day five to check on my compliance. A) that I was at home and B) that I had my day one and five tests and I was asked to produce the certificates of attendance. Again, I was civil but I pointed out the park and said that it was “bullshit” that I could not go across the road to the park, when it was empty but not otherwise, to walk my dog. Complete video of that pleasant and civil exchange is here: https://www.youtube.com/watch?v=HbKXUbB39y0&lc=UgxPZjSYXIE8KjAYzFh4AaABAg
I expressed the possibility that I might just do it and he warned me about a $1,000 expiation fine. I said I might do it anyway and he could be in the news if he wanted to.
I was asked by a viewer of the video which I posted on Youtube:
“... Why are you complying, John?
I answered.
"Why am I complying? is a question that I ask myself. It is a question that cuts down to the quick. I ask myself that a number of times each day. I am not sure that I know the answer. The first answer that comes to mind is the consequences of not complying. The Penalty. And me being too cowardly to take that. I am a firearms owner. I am afraid they may say I am not a fit person to hold a firearm. I am a lawyer and officer of the State Supreme Court and a practitioner in our High Court. If I breach a lawful directive they may say I am unfit to practise law. I have done everything I can think of to overturn the blanket of the directive. Written to each Minister, the media, my local State Member of Parliament and the State ombudsman. Each either ignores me or comes back with a "cannot help". One thing I do not want to do is breach the directive without it having some effect. If I could be assured of media coverage I think I would breach the directive and walk my dog in an empty Park. But the media seems totally compliant. They seem to be happy to report only compliance in a positive way. I was having my first day covid test and by chance there was a media reporter there taking photos. I said to him i was going to protest and set up banners, I asked if he would be interested and taking photos and reporting on my protest. Simply no interest. So after my second negative test today, and a few reds, I have not made my decision yet. But I hope you understand now that I agonise about being a coward or standing up. But there is no point in standing up if there is no media coverage. Yours Sincerely. John Bolton."
It seems to me that the general directive given, in so far as it prevents me personally from exercising in a vacant open space, with or without my dog is not lawful. The State Co-ordinator, nor any delegate can have reasonably formed the view that it is necessary to prevent the transmission of Covid 19.
Emergency Management Act 2004
An Act to establish strategies and systems for the management of emergencies in the State; and for other purposes.
Division 4—Powers that may be exercised in relation to declared emergencies
25—Powers of State Co-ordinator and authorised officers
(1) …
(2) Without limiting or derogating from the operation of subsection (1), but subject to the regulations, the State Co-ordinator or an authorised officer may, if of the opinion that it is necessary to do so, do or cause to be done all or any of the following things:
(a) …
(fb) direct a person to remain isolated or segregated from other persons or to take other measures to prevent the transmission of a disease or condition to other persons;
It also seems to me that exercising my self in open vacant public space with or without my dog, once or twice a day is a reasonable excuse to fail to comply with the completely blanket directive.
Part 5—Offences
28—Failure to comply with directions
(1) A person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction of the State Co-ordinator or of an authorised officer given in accordance with this Act during a declared identified major incident, major emergency or disaster.
Maximum penalty:
(a) if the offender is a body corporate—$75 000;
(b) if the offender is a natural person—$20 000 or imprisonment for 2 years.
So what shall I do.
The non-evasion element of civil disobedience is to make the point of defiance and take the consequences of the law in a decorous manner in order to maximise the political impact and bring about change after having reasonably tried all other methods.
My problem is that without publicity the other elements are relatively useless as a political tool. Civility, Publicity, Non-violence, Non-evasion, Decorum.
https://youtu.be/O08cqTqnI8A
I am unable to attract media attention and it seems to me that the mainstream media is only reporting breaches of covid directions after they have occurred not protests about them.
So I have decided to breach what I say is an unlawful directive. I will not be visiting supermarkets nor other indoor places.
I will be exercising in public vacant parks and using a back street to get there and I will be taking my dog with me. I will be civil and non-violent, not evasive but decorously co-operative with the police if they detect me.
I will not pay any expiation fee, but will take the matter to Court. I hope that then Publicity aspect will be added to the only political tool left available to me.
That of Civil disobedience.
John Bolton 2nd July 2021.