The privatisation of public space is harming our ability to protest

One of the most common responses to Occupy London is to question why exactly they are camped outside St Paul’s Cathedral. After all, aside from its location, the Cathedral has little to do with the issues that the protesters are campaigning against. Shouldn’t they be somewhere else?

Paternoster-Square The answer of course is that they should; they wanted to; and would be if they could. The original plan was to occupy, not St Paul’s, but the London Stock Exchange based next door in Paternoster Square. Although this would hardly have resulted in fewer complaints (as we have seen, some people will find any excuse to condemn a protest) it may have made it easier for Occupy London to gain support in those crucial first few days.

So why didn’t they? Because Paternoster Square, despite appearances, is not a public square. It is a private development that is owned by the Mitsubishi Estate Company and is open to the public 24 hours a day, which just so happens to be on the site of a previous public square. When the protesters came along Mitsubishi Estate Company, as is their right, decided to close the square indefinitely, and obtained a high-court injunction preventing anyone from entering.

Occupy London then found themselves with nowhere to Occupy. Since St Paul’s Churchyard is one of the biggest truly public spaces left in the City, it’s as good a place as any to set up camp.

Their options are just as curtailed further afield, as well. Canary Wharf, which is almost as big a centre for finance as the City is, has a lovely big park in the centre of it. Unfortunately, that park, as with 99 per cent of the land in Canary Wharf, is owned by the Canary Wharf Group. Again, access is conditional; the company may choose to allow a protest, or they may not.

Boris Johnson – and Ken Livingstone before him – has been instrumental in making London the home of international finance. Want to camp outside City Hall? Unfortunately, More London Estates is unlikely to allow that.

Occupy a major shopping district, so as to draw attention to the problems of consumerism!? It had better not be Carnaby Street, Westfield Stratford or Westfield White City, although if you’re lucky and the police permit, you may be able to march down Oxford Street or Regent Street.

All of these areas were once public land and therefore the public were free (within reason) to protest on them. A private company on private land can deny any person access at any time for almost any reason. That is fine if that private land is, for example, a shop or an office block. But when it is a street, square or park, and when it is indistinguishable from the private land around it, it creates problems.

Concern over this privatisation of public space isn’t new. Naomi Klein highlighted it ten years ago in No Logo, although then her prime concern was its link to the growing ubiquitousness of advertising. And whenever a new corporate development uses words like “town hall”, “village green” or “central park”, there is always someone arguing that whatever they may be called, these private replacements for public spaces cannot fulfil the same role.

But it is only now that we really see what that difference means in practice. If all you do in shopping centres is shop, why would the owners try to stop you? When you are making the owners money, then of course there is no problem. It is when you try to do other things – busk, sleep rough, or protest – things which don’t earn a profit for the owner of the space, that you learn what is and isn’t allowed.

Occupy London have filled up St Paul’s Churchyard. They have mostly filled up Finsbury Square, which is across boundary lines in Islington. Unlike some, they have had the good sense not to go to the war memorials in Tower Hill. Public space is running out. The answer to “can’t they go somewhere else?” is becoming “no”, and the command “go somewhere else” is becoming “stop protesting”.

I think it’s a travesty that St Paul’s chose to close its doors just as I have a deep sympathy for the employees of the Sainsbury’s in Paternoster Square, who have not been allowed to work for nigh-on two weeks. However, the fact that Mitsubishi Estate Company would rather shut up shop than put up with some tents is their decision, not the protestors’. They merely want to exercise their right to protest.

As the cases of Maya Anne Evans and Brian Haw show, that is not too easy in the seat of political power. Occupy London is demonstrating that it is no easier in the seat of economic power.

See also:

• Occupy London needs to catalyse a new Left - Ben Mitchell, October 27th 2011

• The Mail’s rent-a-rev called for gays to be tattooed with health warnings – Alex Hern, October 27th 2011

• Top five reasons why you can’t protest (according to the right) – Alex Hern, October 26th 2011

• The “occupy” protests come to the City this Saturday – Shamik Das, October 12th 2011

• Are “Occupy Threadneedle Street” protests on the way? – Shamik Das, September 19th 2011

http://twitter.com/yourthurrock/status/130569831090098176 YourThurrock

RT @leftfootfwd: The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/w1VKHHqV #occupyLondon
http://twitter.com/boriswatch/status/130570064058531840 Boris Watch

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/salctrprog/status/130570436793737216 Norman Nicholson

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/baker_stephen/status/130571077549174784 Stephen Baker

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/ermintrude2/status/130571436124413952 Moo

RT @leftfootfwd: The privatisation of public space is harming our ability to protest http://t.co/oGAM0am1
http://twitter.com/waistcoat1974/status/130572332719804416 Waistcoat 1974

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/tonydowling/status/130572963400515584 Tony Dowling

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/andrewrushby/status/130573147257831424 Andrew Rushby

@ianhurlock – didn't you set up a Facebook group about this? MT @leftfootfwd: The privatisation of public space….: http://t.co/rqadknTi
http://twitter.com/screaminkid/status/130574238557024257 screamin’kid

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/dariodoublel/status/130574986263011328 Dario Llinares

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/valentine_alan/status/130575486312136704 Alan Valentine

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/politicalplanet/status/130575824448520192 Political Planet

The privatisation of public space is harming our ability to protest: Alex Hern argues that the creeping privatis… http://t.co/SOleq7CH
http://muchachoverde.blogspot.com/ Hengist

It’s the Enclosure Acts all over again. Im on about 23k and can never buy property because at 47 years old I couldnt borrow enough to get on the bottom rung. But much younger people are finding it impossible to buy property too. Now if we live in an economic system that shuts out hard working people from buying land why should we recognise the concept of land ownership at all? Trace the ownership of any piece of land far enough back and it’s only fallen into private ownership because somebody at some time ‘claimed’ it as their own. Now, land claimed centuries ago is in the hands of faceless multinationals. Not unlike our ‘democratic’ system .
http://twitter.com/baker_stephen/status/130576002563846145 Stephen Baker

The city get's sold from under you and it's privatisation curtails your democratic rights. http://t.co/vYj14yQI
http://twitter.com/baker_stephen/status/130576148588535808 Stephen Baker

The city gets sold from under you and it's privatisation curtails your democratic rights. http://t.co/vYj14yQI
http://twitter.com/dustybun1/status/130576637648580608 Lesley Farrington

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/dis_ppl_protest/status/130578053456859137 DPAC

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/intlsocialwork/status/130578630865715200 Karen Adshead

The privatisation of public space is harming our ability to protest: Alex Hern argues that the creeping privatis… http://t.co/SOleq7CH
http://twitter.com/drkeevil/status/130579544729063424 Steven Keevil

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/branchenergy/status/130580262596775936 nicola branch

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/chrisbx515/status/130580404368457728 chris paling

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/chantalc28/status/130581033727963136 chantal chegrinec

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/intlsocialwork/status/130581339480141825 Karen Adshead

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/gplondon/status/130581425723412480 Geoffrey Pearson

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/leemcivor/status/130582229335277569 Lee McIvor

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/phlossy/status/130582552250564609 Phlossy

RT @leftfootfwd: The privatisation of public space is harming our ability to protest http://t.co/oGAM0am1
http://twitter.com/man0words/status/130586652400816128 Mark Cantrell

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/labour52rose/status/130586978558291968 Alex Braithwaite

RT @leftfootfwd: The privatisation of public space is harming our ability to protest http://t.co/Q4uO3Z9s
http://twitter.com/protestwatch/status/130589978009927682 Protestwatch.org.uk

#Protest The privatisation of public space is harming our ability to protest: Although this would hardly have re… http://t.co/XMAn1n9s
http://twitter.com/sandratowers59/status/130591548286058498 sandratowers59

RT @leftfootfwd: The privatisation of public space is harming our ability to protest http://t.co/2z2b5cbc
http://twitter.com/alexhern/status/130593422254944256 Alex Hern

New: http://t.co/tlhvkxpA The privatisation of public space is harming our right to protest #occupyLondon.
Rob the crip

St Paul’s nice to know the Church thinks more of it’s land and the law then it does of people, money makes the world go around. Religion is a business
http://twitter.com/andy__martin/status/130595025703800832 Andrew Martin

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/sarapjones/status/130598719186927617 Sara Penrhyn Jones

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/angus_fx/status/130599068970917888 Angus F. Hewlett

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/jay__ell/status/130602171740856320 Jay Ell

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/swindong/status/130612062262018048 AndyD

The privatisation of public space is harming our ability to protest – interesting background to #OccupyLSX http://t.co/LCrZchZ0
paul barker

The central point about Occupy LSX is that it isnt a Protest in the usual sense, temporarily taking up “Public” Space to air a view. OLSX seek to take over Public Space indefinitely as a form of Blackmail.
You Occupy, We are Excluded & THEY are forced to make concessions. Its not Democracy just The Middle Class version of Hooliganism.
http://twitter.com/andrew_howell/status/130616155676221440 Andy Howell

The privatisation of public space is harming our ability to protest http://t.co/X879QFic via @zite
Ed’s Talking Balls

Thank goodness for property law. There is no reason why an owner of land should have to tolerate feckless oafs littering their land.

It’s a shame that Paternoster Square has had to be closed, but I don’t blame the owners of the land. They’ve had to take these precautions, inconveniencing those who work nearby, because of the protesters.
http://twitter.com/silverclear/status/130626227722653697 Claire

RT @leftfootfwd: The privatisation of public space is harming our ability to protest http://t.co/MSl3ojIH
http://twitter.com/d_starman/status/130674134450581504 David Star

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://twitter.com/unitonehifi/status/130675372080644096 chris star

The privatisation of public space is harming our ability to protest..
http://t.co/eEh6tesx
#Occupylsx
http://twitter.com/gelcock/status/130679625281056768 Gordon Elcock

The privatisation of public space is harming our ability to protest..
http://t.co/eEh6tesx
#Occupylsx
http://twitter.com/noxhanti/status/130695439929450496 Noxi

RT @leftfootfwd: The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/hgW2eXGV #occupyLondon
http://twitter.com/june4th/status/130695437580648449 Noxi

RT @leftfootfwd: The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/flfW2bdp #occupyLondon
http://twitter.com/buffalonyusnews/status/130749712549679104 ALEX GILBERT

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
http://cameron-cloggysmoralcompass.blogspot.com/ gracie

They say “the Lord works in mysterious ways”, perhaps the demonstration is in the correct place after all? If it wasn’t for the demo then we probably not be discovering what has been going on in the name of the Church? I am absolutely astonished that people are being charged to enter one of our churches, it is a national disgrace.
http://twitter.com/adpucci/status/130757754771079169 Pucci D

The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/u3tjFSA9 #occupyLondon
Kamo

This article is nonsense, there are plenty of places for people to protest, problem is the Occupy camp isn’t actually a protest, it’s a bunch of people with nothing better to do and no coherent message setting up a swampy camp to the detriment and exclusion of everyone else who wants to use that space. They’ve made their point, well actually they haven’t but that’s their problem not anybody else’s, and now they should move on and let others use that space again.
http://twitter.com/aaaaarghblog/status/130779350957166593 Aaaaargh!

RT @leftfootfwd: The privatisation of public space is harming our ability to protest http://t.co/YqCQFJmg
JD

Wow, I had to see it to believe it!

Never visited this site before as I was told not to bother due to the dogmatic mantra that passes for open minded current political affairs. That and the as blatantly biased censorship that goes on here.
I have to say they weren’t wrong.

Five comments too eh! They should be cobwebs all over this sorry excuse for a blog, I’m guessing this comment will be modified to fit the current left-wing paradigm or deleted all together.

Good luck with that, cheerio!
JD

Don’t forget to spam my e-mail with your pointless “vote for me propaganda” too.

Tatty bye!
treborc

Land owners the church, religion at it’s best money makes god happy Jesus would be a banker and we own the land out side the church which just happens to charge £14.50 for people to enter.

Jesus will save you at a price. Amen
http://twitter.com/jfishersay/status/130990925831880704 James Daniel Fisher

Privatisation of public space: http://t.co/UvMglXHi #OccupyLSX
http://twitter.com/tabacaria/status/131015978573250560 Jose Aguiar

RT @leftfootfwd: The privatisation of public space is harming our ability to protest http://t.co/X4oQoroF
http://twitter.com/hersoares/status/131016771653222401 herminio soares

RT @leftfootfwd: The privatisation of public space is harming our ability to protest http://t.co/X4oQoroF
http://twitter.com/agatapyzik/status/131018768271945728 agata pyzik

against privatisation of the public land http://t.co/MsIDU1ZD
Leon Wolfson

@4 – Ah yes, can’t have any dissent in Little England, can we.
Ed’s Talking Balls

On the contrary, Leon, dissent is fine. Breaking the law isn’t, however, and history is littered with examples of societies which didn’t (and plenty which still don’t) enforce property laws. That’s not a path I’m keen to tread.

I’m actually supportive of at least one message the protesters are conveying. Capitalism which rewards failure so handsomely is utterly wrong: directors of companies which are posting losses and laying off staff shouldn’t be getting obscene pay rises. I’m appalled that some on the right actually believe this to be defensible. I don’t.

And if anyone wants to protest outside Justine Greening’s house against HS2 or if anyone wants to march by Lib Dem HQ reminding Clegg and co of their manifesto commitment to have an in-out EU referendum, then they have my full support. I’d even be tempted to join in.
http://protestlawyer.blog.com Andy

If what you say is true, it’s actually good news. If the City of London or St. Paul’s actually try to evict the Occupy camp and the case ends up in court, then the judge is going to have to balance the Cathedral’s right to property with the protestors’ right to protest- and if the Occupy camp can reasonably argue that they have nowhere else to go, then it is much more likely that the court will balance the competing rights in the Occupiers’ favour.
Richard Shear

Maybe the fact that public space is becoming scarce thanks to immigration.
http://explorerlaura.blogspot.com Laura Gordon

This issue was raised in 2003 by the Appleby case at the European Court of Human Rights – it was turned down, but the dissenting opinion by Judge Maruste articulated a lot of the same problems you’re talking about here, and the difficulties of balancing freedom of expression and property rights. He argued that goverments had a positive obligation to allow freedom of expression (including protest) – something that has also come up with regard to policing, but less so in relation to private property. This is definitely an issue to keep an eye on for the long term – see my post on it here: http://pro-99.net/?q=content/privatisation-public-spaces-issue-long-term
Leon Wolfson

@6 – Hence, dissent is impossible since the government (and this isn’t just the Tories!) just make it against the law to dissent. This is precisely what this article is about.

Have you actually read the proposals to criminalise “squatting”, for example? If you’re told to leave private land and don’t IMMEDIATELY for ANY reason, you’re a criminal.
http://twitter.com/martindale53/status/132058659722244096 Roddy Martindale

Canary Wharf takes out an injunction banning protest; the privatisation of public space continues to hurt free speech. http://t.co/UWvG5qzp
http://twitter.com/labour_dave/status/132062216986951681 David Marsden

Canary Wharf takes out an injunction banning protest; the privatisation of public space continues to hurt free speech. http://t.co/UWvG5qzp
http://twitter.com/wirelesscentury/status/132063834671284224 SpaceBon 3

Canary Wharf takes out an injunction banning protest; the privatisation of public space continues to hurt free speech. http://t.co/UWvG5qzp
http://twitter.com/johnedginton/status/132065482193903616 John Edginton

Canary Wharf takes out an injunction banning protest; the privatisation of public space continues to hurt free speech. http://t.co/UWvG5qzp
http://twitter.com/bigtatty/status/132065766261538816 bigtatty

Canary Wharf takes out an injunction banning protest; the privatisation of public space continues to hurt free speech. http://t.co/UWvG5qzp
http://twitter.com/ralphwjbrown/status/132069136732917760 ralph brown

Canary Wharf takes out an injunction banning protest; the privatisation of public space continues to hurt free speech. http://t.co/UWvG5qzp
http://twitter.com/jonesb65/status/132069242530041856 Barry Jones

Canary Wharf takes out an injunction banning protest; the privatisation of public space continues to hurt free speech. http://t.co/UWvG5qzp
http://twitter.com/wtbdavidg/status/132070098855936000 David Gillon

Canary Wharf takes out an injunction banning protest; the privatisation of public space continues to hurt free speech. http://t.co/UWvG5qzp
http://twitter.com/cristianfletchr/status/132071035121049600 See below

Canary Wharf takes out an injunction banning protest; the privatisation of public space continues to hurt free speech. http://t.co/UWvG5qzp
http://twitter.com/wtbdavidg/status/132071621765775360 David Gillon

#Bankers can party at a war memorial http://t.co/xntf6aeJ but ordinary ppl can't protest in their spaces http://t.co/T5oov4FC Hmm! #occupy
http://www.leftfootforward.org/2011/11/how-we-sold-off-the-right-to-protest-to-the-one-per-cent/ How we sold off the right to protest to the one per cent | Left Foot Forward

[...] Sunday, we wrote: Paternoster Square, despite appearances, is not a public square. It is a private development that [...]
http://twitter.com/chewytheleftie/status/132424373020790785 Chris Tindall

Canary Wharf takes out an injunction banning protest; the privatisation of public space continues to hurt free speech. http://t.co/UWvG5qzp
http://twitter.com/4tkk/status/132873453547175936 architekk.net

Public space is running out http://t.co/nLfxoBHB
http://twitter.com/ursulariches/status/136978607401738240 ursulariches

RT @leftfootfwd: The privatisation of public space is harming our right to protest, writes @alexhern: http://t.co/flfW2bdp #occupyLondon
http://www.leftfootforward.org/2012/01/parliament-square-gets-evicted-again/ Parliament square gets evicted (again) | Left Foot Forward

[...] Foot Forward has reported before on the crackdown on protest in London, which previously has been largely done by abusing the extent [...]