PUB STAFF WENT TOO FAR

Student had right to fight after being pulled from toilet: Judge

Amanda Ayotte, 24, a McMaster University fourth year student, was within her
rights to defend herself against Mohawk college pub security, a judge has
ruled.

An Ontario Court judge has blasted security staff at a pub run by the Mohawk
Students' Association, saying they overstepped their authority and
scandalously abused a young woman's human and civil rights.

Justice Robert Weseloh said Amanda Ayotte, 24, a fourth-year science major
at McMaster University, was entitled to defend herself the night of Oct. 9
last year when she was forcibly evicted from Mohawk's Fennell Avenue campus.
He said Ayotte used no more force than was necessary to protect herself and
to resist the "massive assault" she suffered at the hands of security staff
at The Arnie pub.

"In a free and democratic society," said Weseloh, "citizens are not required
to instantly obey without pause or question the angry, precipitous, forceful
exercise of presumed authority by persons wearing security garb. This is not
Nazi Germany where the brown shirts had such authority."

Ayotte's ordeal began when she and a friend, Andrea Hay, unknowingly broke a
house rule that no more than one female should be in a washroom stall, out
of concern that drugs, particularly cocaine, are being used. Her friend had
crawled into the stall as a joke. No drugs were being used, court heard. A
female security person entered and began pounding on the cubicle door,
demanding both women leave.

Ayotte, who was wearing a one-piece jumpsuit with a backless halter top, was
using the toilet. She had her jumpsuit around her ankles. When her friend
stepped out of the stall, the security person flung open the door to the
pub, exposing Ayotte's bare chest to everyone in the room.

She said the guard became increasingly irate, apparently incensed that
Ayotte was not dressing quickly enough and was taking time to wash her
hands. As Ayotte was walking toward the door, the staff member shoved her on
the back, causing Ayotte to stumble forward.

Harsh words were exchanged. Within seconds, Ayotte was surrounded by several
male security staff. They grabbed her by all four limbs, lifted her off the
ground, and carried her up some stairs and outside. Ayotte said she
struggled and screamed and at some point, her backless halter top came
undone, causing her breasts to once again be exposed.

She said security staff laughed and jeered and uttered obscenities as they
carried her.

One male security staffer had his hands across her bare breast as he helped
carry her. Ayotte admits she bit his arm.

Outside, she said staff dropped her on the ground, pinned her down on the
pavement and twisted her arm behind her back.

"I have never been so degraded," she said. "It was mortifying. I can't think
of anything more humiliating. I was on the pavement sobbing, crying:
'Someone call the police. Someone help me.'"

But when Hamilton police arrived, it was Ayotte whom they placed under
arrest and charged with assaulting security staff. And it was she who ended
up spending the night in jail. Ayotte was unable to call her father because
police would only let her use the telephone to speak to a lawyer.

Following a one-day trial last week, Weseloh dismissed both counts of
assault against Ayotte. He found she and her girlfriend were compelling,
consistent and forthright witnesses. His impression of MSA security staff
was quite the opposite. He found one man fabricated evidence against Ayotte
and "lied to justify his behaviour in the ensuing incident."

Student association president Nathan Fehrman said he's confident security
staff are adequately trained to respond appropriately when security concerns
arise. "I believe it's our right to remove any person who may jeopardize the
security or safety of others. And we always involve the police at the
earliest possible time.

"But we're always willing to listen and review, so we'll review this
incident," he said.

Defence lawyer Beth Bromberg has advised Ayotte to file a lawsuit against
the association and college.

"The force used against my client was absolutely excessive and absolutely
uncalled for," said Bromberg. "The security staff should have been the ones
facing charges for assaulting my client." Ayotte, who works as a bartender
in Hess Village, said she has never witnessed such unprofessional conduct in
the hospitality industry.

"They seemed to have no training. They were young and immature and got
caught up in a gang mentality. They got carried away in the moment and
nobody had the sense, the experience, or, even the compassion, to step back
and actually see what was going on."