Anti-lockdown BBQ owner wants ban on social media use lifted
Man was charged after defiant opening last fall
Barbecue restaurateur Adam Skelly was back in criminal court Tuesday seeking to vary the conditions of his release on bail that restrict his use of social media and ban him from attending three work locations.
“These are unnecessary conditions that were imposed and they should not have been imposed” by the justice of the peace who erred in law in doing so, defence lawyer Cal Rosemond argued during the bail review in Ontario Superior Court.
Rosemond told Justice Robert Goldstein there is no basis to limit Skelly’s “freedom of speech,” referring to the condition that he not post or communicate on any internet social media platform.
“There’s no danger in Mr. Skelly liking a photo of a relative after they have a baby and writing ‘congratulations on your little one.’ That doesn’t impose any harm to society. He’s not allowed to do that, that’s illegal for Mr. Skelly.” Rosemond also warned that the courts must ensure civil liberties aren’t stripped away during “times of crises that we’re never able to get them back again.
“We have to balance our national efforts to improve public health, against peoples’ civil rights and liberties in order to have a healthy society going forward.”
On Nov. 24, the provincial government issued an order for stricter measures for businesses in the face of escalating COVID-19 infections. They included prohibiting restaurants from offering indoor or outdoor dining, though they were permitted to offer takeout, drive-thru or delivery.
The next day, Skelly, the owner of Adamson Barbeque, took to social media to publicly defy the orders and opened his location at 7 Queen Elizabeth Blvd. in Etobicoke. Toronto police, bylaw officers and public health officials attended and an order was issued to close the establishment.
Skelly defied the order and large crowds of raucous supporters gathered there Nov. 26 and on Nov. 27, when Toronto Public Health took possession of the premises and placed a padlock on the front door. The 33-year-old allegedly kicked and damaged it, resulting in a charge of mischief under $5,000.
He was also charged with obstructing a peace officer while attempting to gain access to the building after being advised repeatedly to stop.
Skelly also faces non-criminal provincial offences of breaching the Trespassing Act and failing to comply with an order prohibiting from serving food under the Reopening Ontario Act.
On Nov 27, a justice of the peace released Skelly on bail. The terms included that he not operate any business unless it complied with provincial regulations and public health orders.
As well, he is not to be within 200 metres of addresses where his business operates including the Queen Elizabeth building, 176 Wicksteed Ave. in Toronto and 15195 Yonge St. in Aurora.
The Crown opposed the bail variance request.
Prosecutor Michael Townsend said the bail conditions were justified because Skelly has actively encouraged others to “help me break the law, come to my restaurant, who cares about provincial orders we’re going to defy them anyways.”
Townsend cited an email sent out by Skelly — which Rosemond didn’t dispute — that said “I’m not done fighting, I’m going to continue to fight,” and comments he made shortly after his release.
“Safe to say, Mr. Skelly is going to reopen his businesses, pardon my frankness, by hell or high water.”
The judge noted that, in fact, there is no condition stopping Skelly from operating a business, but that he has to do it in accordance with legislation, and not at the three locations.
“Isn’t it a bit much for the court to say, ‘well, you still can’t do that,’ ” Goldstein asked the prosecutor.
Goldstein said he plans to release his decision Friday.