Court rules Schiphol cannot impose multi-year bans on Extinction Rebellion activists

Schiphol cannot impose a multi-year ban on Extinction Rebellion activists who protested in the secure area of the airport, the preliminary ruling judge in Haarlem ruled on Friday. According to the court, this was an “unacceptable restriction” on the right to protest. “Schiphol has not demonstrated a concrete security risk." Extinction Rebellion (XR) challenged the ban in a preliminary injunction against Schiphol. The climate activist group demanded that the airport lift all 37 bans.

Activists had demonstrated against frequent flying on March 8 in the KLM lounge at the airport. This led to Schiphol issuing access bans ranging from 5 to 10 years. The preliminary ruling judge said the penalty is so severe that other activists might no longer dare to protest in this way.

Extinction Rebellion announced new plans to protest at Schiphol after the verdict. The activists stated that they plan to protest at the airport on October 24. A spokesperson criticized KLM's Flying Blue program, in which travelers can save points to then exchange these for new flights and upgrades. “KLM encourages frequent flying through a rewards program,” the spokesperson said.

The judge also stated that Schiphol’s rules were not clear enough. For this reason, activists could not have known that they would receive a ban of this kind, adding that previous protests in the secure areas never resulted in similar sanctions.

The bans also prevented the activists from flying from Schiphol. Schiphol argued this was not a serious violation of their interests, claiming that, due to their beliefs, they should not want to fly. The judge also disagreed with this argument, pointing out that the protestors were opposing KLM’s program that rewards excessive flying. The judge feels that this does not mean that the protestors never want to fly ever again.

Furthermore, the preliminary ruling judge agreed with Schiphol that activists, despite the right to protest, cannot enter any private property. However, the judge does not consider the airport to be just an ordinary private area. “The airport performs an important public function.” Since Schiphol is a major air traffic hub, it cannot simply deny access to the airport.

After the preliminary injunction, the judge found that XR had sufficiently demonstrated why they could also protest in the secure area of Schiphol. “Part of the right to protest is that it can take place in view of the public one wishes to address.” The KLM lounge for program participants is located within a secure part of the airport.

Schiphol has said that it will study the court ruling. “We have a legal duty to ensure that the secure area beyond the access control is only accessible to staff and travelers with a valid ticket who intend to fly,” Schiphol said in a statement.

“We carry out this duty in the interest of our passengers and employees. We are considering how this ruling relates to our legal tasks and responsibilities, and we will study it carefully.”

The airport emphasized that a safe stay for all passengers and employees at the airport is its highest priority. “Protesting at Schiphol is allowed, but in our view only at designated locations, where we can safely facilitate actions, as we have done in the past.”

Extinction Rebellion's attorney, Willem Jebbink, sees the verdict as a victory. “The right to protest is essential in our democratic society. Protests must be able to take place within sight and hearing of the intended target.”