Canada - Eatery won't fight pot smoker

[Euphoric]

Eatery won't fight pot smoker

Restaurant cites cost in abandoning rights complaint by medical marijuana user
May 13, 2008 04:30 AM

A Burlington businessman brought to the Ontario Human Rights Tribunal after he told a medical marijuana user not to light up in front of his family restaurant has given up fighting the complaint because he couldn't afford the legal fees.

"The financial burden, the burden on me and on my family was too much," Ted Kindos, owner of Gator Ted's Tap and Grill, said yesterday after reaching a settlement.

Kindos said his lawyer told him it could cost up to $60,000 to continue fighting the complaint; it was scheduled for eight days of hearings at the Human Rights Tribunal beginning yesterday. Kindos said he has already spent $20,000.

Steve Gibson, a long-time customer, complained to the Ontario Human Rights Commission in 2005 after Kindos told him to leave the premises for smoking marijuana in the doorway of the restaurant at Burlington Heights Plaza.

"The principle I was fighting for was to be able to have quality of life and to be able to go out without being stuck at home because I need my medical marijuana," said Gibson, adding he was pleased with the settlement.

The father of two suffered a neck injury in 1989 that prevents him from working. He says he manages the pain with exercise, hot tubs and heating pads, a prescription muscle relaxant and painkiller, and marijuana. He is on disability pension.

Neither Gibson nor Kindos would reveal details of the settlement, although Gibson did say he got what he originally asked for. It was reported in February that he sought $20,000 for mental anguish and for Kindos to pay for annual training and retraining of his staff on human rights policies.

Gibson did not hire a lawyer for the tribunal hearing. A lawyer from the Human Rights Commission was on hand to argue the case for the commission, which also investigated the complaint and recommended that it proceed to the Human Rights Tribunal.

Although the commission's lawyers do not represent the complainants, their positions are often similar, said commission spokesperson Jeff Poirier.

"For the commission, this case is about being treated the same as the other smokers. This is a smoker with a disability who uses medicinal marijuana that's legally prescribed to him so he's seeking access to the designated smoking area," said Poirier.

Kindos said he originally refused to allow Gibson to smoke marijuana in the smoking room of the restaurant. Gibson then began smoking in front of the restaurant and patrons complained of the smell, said Kindos. Parents didn't want their children exposed to it.

Gibson says he never smoked marijuana in front of children, and does not smoke it in front of his two children, ages 14 and 10.

http://www.thestar.com/article/424699