Lawyer concerned after man billed for police response
TORONTO — A civil liberties lawyer says a decision by the City of Toronto to bill a restaurant owner nearly $200,000 to cover the cost of enforcing lockdown regulations raises concerns about people’s constitutionally protected right to protest.
Adam Skelly, the owner of Adamson Barbecue, opened his restaurant for indoor dining in November in violation of COVID-19 public health regulations, drawing dozens of antilockdown protesters.
On the weekend, Skelly posted on social media that he had received an invoice from the city for $187,030.56, with the cost of the police response accounting for $165,188.73 of the total.
Cara Zwibel, the director of the fundamental freedoms program with the Canadian Civil Liberties Association, said the idea that individuals should have to pay for the opportunity to exercise their freedom of expression and freedom of peaceful assembly is concerning.
There are significant costs to policing a wide variety of matters, she said, but criminals don’t pay the policing costs associated with those crimes.
“There is a concern that the city is not treating this as part of their normal operations,” Zwibel said.
“But this is what police do, they enforce the law and keep the peace, that’s the cost of doing business as a municipality.”
Skelly repeatedly ignored lockdown rules when he opened his restaurant for indoor dining, which was banned under public health measures in place. He was later arrested for multiple violations of regulations imposed by Toronto and Ontario.
The city closed the restaurant and also said at the time that it would be investigating for compliance with business licensing, zoning, public health and building and fire codes.
A spokesperson for the city said this week that businesses that have violated the law and have been ordered to close have remained closed, making Adamson Barbecue an exception.
“There was a significant amount of time that the police and city incurred in dealing with this issue in terms of his opening the establishment and our need to close it under public health orders,” Brad Ross said in an interview.
The invoice was sent to Skelly in December but has not yet been paid, he said, adding that the city is considering launching a civil suit to recoup the money.
Ross said this is the first time the city has sent an invoice to someone during the pandemic.