BAR OWNER FEARS HIS BUSINESS COULD GO TO POT AFTER HUMAN RIGHTS RULING

Patron Complaint

TORONTO - A sports bar owner said he risks breaking the law and could
lose his licence if he signs an agreement to settle a complaint at
the Ontario Human Rights Commission to allow a patron to smoke
medical marijuana outside the bar's front door.

Ted Kindos, owner of Gator Ted's Tap and Grill in Burlington accuses
the commission of overstepping its bounds and said he could face
sanctions under provincial liquor laws prohibiting controlled
substances from being consumed where alcohol is served if he agrees
to allow Steve Gibson to light up.

"I have no intentions of signing it," Mr. Kindos said.

"I can't take the chance of having my liquor licence taken away. That
is my livelihood, and I don't feel this agreement puts me in a
position where my licence is protected."

Mr. Gibson, who has been authorized by Ottawa to smoke marijuana for
medical purposes to alleviate pain from a neck injury, brought the
complaint to the Ontario Human Rights Commission three years ago.

He alleges Mr. Kindos discriminated against him by not allowing him
to smoke his marijuana outside the bar and for making no effort to
find any solution -- such as smoking outside the back door.

The dispute was to be heard by the Ontario Human Rights Tribunal in
the spring, but hearings were adjourned after Mr. Kindos, Mr. Gibson
and the commission agreed to negotiate a settlement.

Mr. Kindos said he now has no choice but to continue arguing his case
before the human rights tribunal because having to break the law to
accommodate Mr. Gibson is "not right."

Lisa Murray, a spokeswoman for the Alcohol and Gaming Commission of
Ontario, said there are no provisions or exemptions for the use of
medical marijuana in the Liquor Licence Act, and any changes to the
law would be under the purview of the legislature.

Bar owners could face a warning, suspension or a revocation of their
licence depending on the circumstances of any infraction, but she
added: "Licensees, because of the way the act is written, could be
concerned [that] someone smoking marijuana outside ... may put them in breach."

A spokesman for Health Canada said individuals who are authorized to
possess marijuana for medical purposes are required to abide by all
other applicable federal, provincial and municipal legislation, such
as laws restricting smoking in public places.

Afroze Edwards, a spokeswoman for the Ontario Human Rights
Commission, said the case was not about marijuana but the "duty to
accommodate" someone who has a disability.

She said the Ontario Human Rights Code supersedes all other
legislation, unless there is a specific exemption to exclude it
written into a law.