Advocacy group Keep Sydney Open is headed to the Supreme Court of NSW today in response to the state Police Commissioner’s challenge to the group’s third rally. The rally is due to take place in Kings Cross at 9 pm tomorrow, in opposition to the Baird Government’s recent alterations to state lockout laws.

The group had filed a ‘Form 1’ Notice of Intention to Hold a Public Assembly on January 9, 2017, but the Crown filed a last minute contention to the proceedings at 4 pm yesterday, concerned with public safety, the rally’s evening setting and the temporary closure of Darlinghurst Road.

Keep Sydney Open Campaign Director Tyson Koh said, “We are a nightlife advocacy group, so clearly rallying at night makes sense, and there is no doubting that Kings Cross is central to the lockouts issue so it’s highly pertinent we stage our protest there.

“We have continually made it clear to NSW police that we are happy to work with them to find a time, location and duration for the rally that is suitable, but they have failed to reciprocate this offer of collaboration and not attempted to find alternate solutions.”

Koh is particularly concerned that a successful challenge will set a dangerous precedent for similar legitimate protests in the future, as the challenge comes despite the campaign’s record of peaceful protest.

“Keep Sydney Open has been filed against despite its history of safe protest, collaborative relationship with police, track record of effective crowd control and previous statements from police that note the good behaviour and compliance of our supporters,” said Koh.

Following yesterday’s news of NSW Premier Mike Baird’s resignation, Koh believes the rally comes at a crucial time for Sydney’s nightlife.

“Particularly off the back of Mike Baird’s resignation, it’s more important than ever to protest Sydney’s draconian and damaging lockouts. The incoming Premier needs to know how unpopular these laws are,” said Koh.

The case will be decided today.