Extinction Rebellion criticizes Schiphol for “playing judge and jury” with access bans

Lawyers representing Extinction Rebellion (XR) think that Schiphol is “playing judge and jury” by issuing lengthy access bans to climate activists who demonstrated in a security-restricted area of the airport in March. However, Schiphol’s attorneys leveled the same accusation against the opposition during the hearing in the Haarlem court on Tuesday.

“They are acting as their own judge, deciding for themselves which rules they will or won’t follow. Schiphol has no choice but to step in,” the airport argued. The Friends of XR Foundation, which represents the activist group, wants the preliminary relief judge to overturn all 37 access bans or at least suspend them. The bans range from five to ten years.

According to the lawyers representing XR, these bans are “arbitrary and excessive” and lack a legal base. “Schiphol has gone off the rails with these area bans,” was the response from the XR camp. Even mayors and public prosecutors cannot impose such long-lasting area bans, one of the lawyers said.

Prior to this, the rules stated that Schiphol was only allowed to issue access bans for up to a year. This rule was quietly removed at the start of the year. The judge criticized this change: “Wouldn’t it have made sense, with such a tightening of measures, to say: watch out folks, recess is over?”

Schiphol maintains that the measures are necessary for airport safety. “It is essential that Schiphol retains the authority to act,” the lawyers said. They added that annulling the bans would send a “very concerning signal.” “There can be no lawlessness at Schiphol.” Separately, they argued that the foundation is inadmissible.

XR argues that the bans could act as a deterrent for other demonstrators, which they say is not allowed. Schiphol’s attorneys countered that the airport is only opposing demonstrations in the security-restricted area.

Some demonstrators gathered in the KLM Lounge in March to demonstrate against excessive flying, after they had used boarding passes to get into the lounge. Others tried to use a copy of a boarding pass to get through the gate. The demonstrators had used this method in the past, but it was unsuccessful on this occasion. The people who failed with this attempt were also given an access ban.

XR compared the bans to “a four-year prison sentence for stealing a pack of butter.” The lawyers also disputed that safety is immediately at risk when peaceful demonstrators enter the security-restricted area, especially since this had happened repeatedly before without any consequences.

Court ruling expected on August 29.