Protesters were planning to march through Newcastle and rally on Saturday calling for an end to the deaths of black people in custody, as the killing of US man George Floyd continues to prompt a global reaction.
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But Newcastle police said they were in ongoing talks with rally organisers over health and safety concerns, as NSW's highest court effectively banned a protest on Aboriginal deaths in custody that was expected to draw thousands to the Sydney CBD because it breached coronavirus restrictions.
Supreme Court Justice Des Fagan said he appreciated the issue and understood it was designed to be concurrent with similar events in other countries before ruling the Stop All Black Deaths in Custody rally was not an authorised public assembly.
It was unclear whether the decision would have implications for the Hunter event.
Mr Floyd, a 46-year-old black man, died while being detained by police in Minneapolis on May 25.
As protests and condemnation that erupted in the US quickly spread around the world, the four officers involved in the arrest - one accused of kneeling on Mr Floyd's neck for almost 10 minutes - have been charged.
But the killing has prompted Australians to consider their own record, with 432 Indigenous people having died in custody since the 1991 royal commission.
Saturday's planned march in Newcastle, described by organisers as being in solidarity with George Floyd and to "highlight and demand justice for the death in custody of all first nations people", will begin at Pacific Park and 2pm, with protesters finishing at Civic Park.
Organisers are encouraging people to bring hand sanitiser, a face mask and to observe social distancing as precautions against COVID-19.
The event's page on Facebook shows that 2200 people have returned an RSVP saying they will take part, with 3700 others listed as interested in the event.
"We want to bring awareness and demand action to appropriately implement the 339 recommendations handed down in the royal commission," a rally organiser told the Newcastle Herald.
"Things haven't really changed since the royal commission handed down its recommendations.
"What's also something to acknowledge is that Aboriginal deaths in custody prior to the royal commission is unknown. While we have 432 deaths since 1991, how many Aboriginal and Torres Strait Islander people died in custody before that?
"Given the circumstances in Newcastle and Maitland back in 2016 when Rebecca Maher died in Maitland police station, I think it's ideal to understand and acknowledge that this has happened on our back door."
Newcastle Police District commander Superintendent Brett Greentree said organisers of the rally had lodged a notice of intention to hold a public assembly, but police were continuing discussions with them about health and safety aspects of the event.
"We're working through with them. We need to be satisfied - myself as the commander - that we can comply with the health orders," he said.
"It's an ongoing risk assessment, I suppose you could say.
"We certainly have a long history of facilitating protests, particularly in the Newcastle area, and we do our best to do that but these are difficult times with the pandemic still upon us."
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