Unauthorised Union and St George's flags can no longer be attached to lampposts and lighting columns in Oxfordshire after the High Court granted an injunction sought by Oxfordshire County Council.
The Liberal Democrat-run authority asked the court to prohibit individuals who have no consent or authorisation under enactment from attaching flags to highway structures such as lampposts and lighting columns, and from painting the highway similarly.
What the ruling covers
Under the name "Operation Raise the Colours", residents began to hang flags on public property across the UK last summer. The High Court outcome restricts flying flags on public highway infrastructure, but does not bar locals from flying flags on their own premises.
Mr Justice Dexter Dias wrote: "I have no hesitation in concluding that absent a restraining injunction, a substantial group of unknown individuals will affix flags in Oxfordshire contrary to the criminal law and the proprietary rights of the highway authority. There is also a strong risk of substantial interference with the exercise of OCC’s statutory duties and powers around maintaining the highway (including that it is safe to use), protecting the rights of the general public of access to and passage along highways in Oxfordshire, and removing unlawfully affixed or inscribed material."
Threats against council workers
The judge noted that the council’s contract team tasked with removing the flags from public property have to wear non-branded uniforms because RTCO published their company name and information online, causing negative publicity. He said individuals have been "working in fear".
An online post included in the judgement read: "An intimidating display would be hanging council workers from those same lamp posts. As a warning to anyone else who wants to commit treason in the country."
Council response
After the judgement, the council said it had been "awarded an injunction to protect communities". Council leader Councillor Tim Bearder said: "We’re pleased with this result. The injunction helps protect our residents and our workforce and supports our responsibility to keep the highway safe.
"This is not, and never has been, about the flag. We proudly fly the Union Flag and St George’s flag at County Hall and we fully support the right of residents to display their own flags – including to show their support for the England football team.
"However, the behaviour we’ve seen from Raise the Colours is nothing to do with national pride or with support for the England team during the World Cup. It’s unlawful behaviour, which has put people at risk and caused fear within our communities for almost a year. We have a clear responsibility to keep people safe and ensure our public spaces are welcoming for everyone. That’s why we’ve taken this action and why today’s decision by the court provides clarity and protects our colleagues and communities."
