Six years ago, when a group of pro-constitutional citizens tried to hold a rally in the plaza in front of Kanazawa City Hall, the city did not allow them to use the plaza. In a disputed court decision, the Supreme Court dismissed the citizen group's appeal, ruling that it did not violate the Constitution.
Six years ago, Ishikawa Prefecture's constitutionalist citizen group, the Ishikawa Kenpo wo Mamoru Kai, applied to the city of Kanazawa to hold a rally in the square in front of the city hall on the anniversary of the 70th anniversary of the enactment of the constitution, but was granted permission. Instead, they demanded compensation from the city, claiming that it was a violation of the freedom of assembly guaranteed by the constitution.
The first and second courts ruled that the denial of permission did not violate the Constitution, citing that ``the plaza in front of the city hall is part of the government building, and the decision to permit its use is left to the discretion of the mayor, who has control over the government building.'' , dismissed the complaint.
In the ruling on the 21st, Chief Justice Yasumasa Nagamine of the 3rd Petty Court of the Supreme Court said that the plaza was managed integrally with the city hall, and said, ``The government building is a facility for performing public affairs, and there is a political conflict. Holding a meeting to discuss issues could raise doubts about neutrality and hinder the execution of duties."
On top of that, the use of the plaza was approved, saying, ``The regulations for the management of Kanazawa City government buildings do not prohibit the use of facilities that are included in the purpose of using them for gatherings, and the restrictions on freedom of assembly are limited.'' We dismissed the citizens' group's appeal, judging that it did not violate the Constitution.
One of the five judges expressed a dissenting opinion that ``the trial should be redone in two trials.''