Dance academy takes NCF to court over 2023 NIFCA disqualification

Praise Academy of Dance has initiated legal proceedings against the National Cultural Foundation (NCF), claiming that it breached several constitutional rights, including those of freedom of expression and religion, when it disqualified one of its theatrical pieces from the National Independence Festival of Creative Arts (NIFCA) two years ago.

The theatrical production, entitled Speak Life, focused on a 15-year-old girl struggling with gender identity, who found her identity in God.

The NCF judges indicated the entry had “exceeded the bounds of good taste”.

Praise Academy of Dance is seeking a declaration that the NCF breached the dance group’s constitutional right to freedom of conscience and freedom of expression under Section 19(1) and 20(1) of the Constitution of Barbados; a declaration that the Speak Life entry was not
”defamatory” and/or “in excess of the bounds of good taste” in contravention of the NIFCA’s Performing Arts Theatre Rules 2023; and a declaration that Praise Academy’s Speak Life was a cultural
and artistic expression and a manifestation of its religion and creed and, as such, is protected under Sections 19(1) and 20(1) of the Constitution of Barbados.

Speaking to the media outside the Supreme Court Complex ahead of a preliminary hearing before Justice Herbert Patrick Wells, attorney Davida Maynard-Holligan, counsel for Praise Academy, said the matter was being pursued in defence of every Barbadian.

“We have battled this case against this disqualification in the realm of arbitration and in the backhalls of procedure for the last two years. The arbiter’s decision has been rescinded. However, the disqualification itself has remained standing, and it must be rigorously challenged.

“What the information that this disqualification sends to persons is that you can be cancelled or silenced if you express or demonstrate with your artistic expression, a message that they object to or may choose to be offended by,” the legal counsel argued.

She added, “What is the measure of a man’s freedom of expression? What is the measure of a man’s freedom of conscience and religion, especially in circumstances where there is objection? That is the question that is posed by this case today.”

Maynard-Holligan was accompanied by the academy’s artistic director Marcia Weekes, members of its board, and representatives of GospelFest and the First Baptist Church.

The leader of that religious institution, Reverend Paul Leacock, insisted that the disqualification suggested that Barbadians do not have freedom of expression.

“So you cannot say what is scientifically accepted? That there are two specific sexes—male and female? The Court in England just ruled that a woman is one who is biologically so. Why can’t we say in an artistic expression that there are two genders?” he asked.

Insisting that the decision must be reversed, Leacock said that the government must defend the constitutional rights of citizens.

Attorneys Kashawn Wood and Romain Marshall represented the NCF in the matter, which was adjourned until October 28.