The SDLP has appealed for calm after Catholic residents of Belfast's lower Ormeau Road lost their legal battle to prevent Orangemen walking through the area on Monday.
An application by a local resident, Mrs Patricia Phelan, for a judicial review of the Parades Commission's decision to allow the parade was dismissed by the High Court in Belfast at 9.30 a.m. yesterday.
Lawyers for Mrs Phelan said the commission changed its decision in reaction to the Drumcree crisis. It was a political decision in the nature of a trade-off, said Mrs Phelan in an affidavit.
In his 12-page judgment, Mr Justice Campbell referred to the applicant's case that the commission had gone outside its own guidelines by looking at the impact of its ruling on the "wider community".
The judge said: "I consider that it cannot have been intended by parliament that the word `community' is to be given a restricted meaning. If this was the intention, those who have the unenviable task of imposing conditions onprocessions and of prohibiting them would be obliged to ignore the impact of the procession on the community at large in making a decision.
"In my view it is open to the commission or the Secretary of State to have regard to the impact on the wider community as well as the local community."
Residents immediately lodged notice of appeal. The case was heard within an hour. Lawyers for Mrs Phelan said the Parades Commission had changed its decision to allow the Orangemen to march in reaction to the Drumcree crisis. Mr Michael Lavery QC, submitted that the commission had gone beyond its own guidelines in taking account of the "wider community". But lawyers for the commission disputed this.
By 4.40 p.m. the legal process was probably over when the Lord Chief Justice, Sir Robert Carswell, and Lord Justices Nicholson and McCollum upheld the Mr Justice Campbell's ruling.
The judges retired for just over an hour to consider the decision and on their return unanimously dismissed the appeal. The Chief Justice said: "We are of the opinion that the decision was within the power of the Parades Commission and that it cannot be said that decision was unreasonable."
Leave was sought apply for an appeal to the House of Lords by lawyers for Mrs Phelan, and the Lord Chief Justice said the application could be renewed after they had delivered their full written judgment.
As the appeal against Mr Justice Campbell's ruling was being heard yesterday afternoon, a Lower Ormeau Concerned Community spokesman, Mr Gerard Rice, said that while the Orange Order had not taken up the offer of talks with residents, the LOCC would continue to "exhaust every avenue to try to resolve the issue of the contentious parades on the Ormeau Road".
After the court hearings, Parades Commission member Mr Aidan Canavan said: "There is no excuse for anyone to react outside the law to our decisions and that applies equally to those protesting against the parades and those participating in them."
District Master of Ballynafeigh Orange Lodge Mr Noel Liggett said while the order does not recognise the commission, it was right that their "civil and religious liberties were being respected by the authorities".
The SDLP's Dr Alasdair McDonnell said the commission's decision was wrong. He appealed for calm and urged residents to hold a "passive, dignified and non-confrontational" protest on Monday.