ADELAIDE'S controversial street preachers have lost their fight against council bylaws that ban them from holding prayer meetings in Rundle Mall.

But the preachers say they will be able to return to the mall because the ruling means the council must give them permits to preach if they promise not to obstruct shoppers.

The High Court of Australia this morning overturned a South Australian court's ruling that the bylaw was unconstitutional.

In a majority decision, the court ruled Adelaide City Council had the right to make bylaws over the proper use of roadways - including a requirement persons seek permits to preach.

It said such bylaws were a "valid use" of the council's powers "for the convenience, comfort and safety" of citizens.

The majority rejected claims the bylaw was constitutionally invalid because it affected freedom of speech.

It held the bylaw "effectively burdened" political communication but did not infringe upon the implied right to freedom of speech within the Australian Constitution.

The ruling means the preachers will not be allowed to return to Rundle Mall during the March festival season without risking fines or arrest.

It is also likely preacher Caleb Corneloup will be forced to drop a private prosecution he had filed against a serving SA Police officer.

He claimed the officer had unlawfully assaulted his peers when arresting them during a prayer meeting - by virtue of the High Court ruling, that officer was acting within his jurisdiction.

READ SEAN FEWSTER'S ANALYSIS: What the ruling really means

In a statement, Adelaide City Council chief executive Peter Smith welcomed the High Court's ruling.

"From a council perspective, this case was purely about the legality of our bylaws - not about preaching per se," he said.

"We pursued this action vigorously because the safety, enjoyment and comfort of our shoppers and traders is paramount.

"Everyone has the right to free speech, and we are fully supportive of that - we just want to make sure that they exercise that right in a respectful way."

Mr Smith said the council wanted to meet with the preachers and forge a co-operative relationship.

Street preacher Samuel Corneloup said the group would happily abide by the High Court's ruling.

media_camera Rundle Mall street preachers and protestors. Picture: Noelle Bobrige

"We've always wanted to be law-abiding citizens," he said.

"What we always wanted were permits to preach in the mall, and the council repeatedly denied us.

"We're happy that, with this ruling, the council can't reject us (for permits) because of our content, they can only reject us for obstructing people."

Mr Corneloup said the group was willing to follow any restrictions placed upon it by the council if that meant their permit applications would be granted.

He said the group was in the process of establishing physical churches in the Myer Centre and at Victor Harbor for worship and multimedia production, including YouTube videos and Christian television programming.

Attorney-General John Rau said the High Court's decision had safeguarded both freedom of speech and citizens' rights to comfort and convenience in public.

He said the State Government had yet to receive the bill for the cost of taking the case to the High Court.

Because the preachers were self-represented, the State Government will be required to pay the bulk of legal costs incurred by the saga - a bill that will ultimately be footed by taxpayers.

media_camera Religious preachers protest in Rundle Mall. Two council officers tries to read a notice to one of the preachers. Picture: Campbell Brodie.

In September 2010, the preachers - who are not affiliated with any church - were banned from holding their self-described "prayer meetings" in the mall.

Retailers and shoppers had complained their preaching - done through amplifiers and megaphones - was "xenophobic, homophobic and sexist".

They claimed the group "shout and scream slanderous" comments including "Muslims are dirty" and "you are all sinners who will be killed by God".

Adelaide City Council claimed it had the power to exclude them from the Mall under a bylaw governing the proper use of roadways.

It said that, under the bylaw, persons were precluded from "preaching, canvassing or haranguing" on "any street or thoroughfare" without a permit.

When the preachers continued in spite of the ban and multiple fines, the council took out a Supreme Court injunction.

The preachers then challenged the validity of the bylaw in the District Court.

In November 2010, the court declared the bylaw invalid.

Judge Simon Stretton ruled the council had exceeded its powers under the Local Government Act.

He said any bylaw involving roads must not be made without a State Government regulation.

Following that victory, the preachers said they would "turn the other cheek" and not sue to recover the money they had been fined.

"We believe God has shown compassion to South Australia by allowing us to continue to preach His word," Mr Corneloup, who represented the group in court, said at the time.

"I didn't pass Year 9, the council hired QCs and we won - that can only be thanks to the power of God."

The council, meanwhile, appealed that decision to the Full Court of the Supreme Court of South Australia.

By March 2011, the council had spent $170,000 on legal fees - $115,000 of that on hiring QCs.

The Residents and Ratepayers Association called on the council to give up the fight, saying it was wasteful to spend money challenging people's freedom of speech and association.

In August 2011, the Full Court upheld the previous ruling - and went one step further.

It held attempts to censor political and religious speech were unconstitutional.

"I would hold that the bylaw is inconsistent with the implied constitutional freedom of political communication," Justice Chris Kourakis said.

"In my view, an obligation to obtain permission to speak on political matters is incompatible with the system of democracy and responsible government established under the constitution."

Mr Corneloup subsequently lodged his private prosecution against the SA Police officer.

At that point the State Government stepped into the fray, joining the council in taking the matter to the High Court.

The application was supported by the Commonwealth, NSW, Victorian, Queensland and Western Australian governments.

It argued the bylaw did not restrict free speech but instead "sought to balance the many and varied competing interests" of those who use roadways.

It said the permit system was sufficient protection to guarantee a person's freedom to express their views.

The Human Rights Law Centre intervened in the case on behalf of the preachers.

It said the bylaw was unnecessary because there were other legal ways the council could achieve its aims.

It said laws used in other states, and around the world, managed roadway use without impinging upon free speech.

It said those should be adopted by the council.

The High Court retired to deliberate - effectively bringing all existing preacher-related cases, including the prosecution of the police officer, to a temporary halt pending the decision.

However, that did not stop the preachers becoming embroiled in another legal stoush.

Paradise Community Church - now known as Influences Church - sought an injunction banning them from protesting and picketing their Currie St premises.

They said the preachers had harassed parishioners by shouting slogans through megaphones and amplifiers, and by waving placards.

The preachers claimed freedom of expression, accusing Paradise of "twisting the words of the Bible" to make millions of dollars from parishioners.

In fiery court hearings, the preachers claimed the church gives safe haven to rapists and paedophiles.

District Court Judge Peter Brebner said such claims were unsupported by evidence and had nothing to do with political speech.

Court documents released to adelaidenow this week show the holy war of words between the groups was resolved through mediation.

The preachers have been permanently banned from going within 200m of church-owned property.

Today, Influences spokesman Darryn Keneally said the High Court ruling would not affect the ban.

"Our action was filed under the state's nuisance laws because we believed the preachers' actions were an unlawful interruption of our and our members' personal rights," he said.

"In regard to the High Court challenge, we support the right of anyone to have freedom of speech in public as appropriate."

In 2011, the street preachers took to the trains.

At the time, a spokeswoman for the Department of Transport said police had been called to remove preachers from trains on the Noarlunga line in two separate incidents on December 21.



Transit staff had reported that two male preachers were "abusing" passengers with slogans such as "homosexuals are sinners and women are all sinners" while the third recorded the incident on a mobile phone.



Police met the train as it arrived at Adelaide railway station and the preachers left the train.