Gator Ted To Get His Day in Court

Caught Between Rock and Hard Place or Maybe Not

I have written about the case of Gator Ted Kindos and the nuisance complaint against him at the Ontario HRC/HRT here. The first problem is that the folks at the Ontario Kangaroo Court don't see it that way, no vision, no passion, not much upstairs either, it seems.

So, let's say you own a bar. What pray tell are the three critical success factors to your business? Some say, "location, location, location." No, there are actually 3 distinct factors, and yes location is one of them. The other two are customer service, and your liquor license. You know what they call a bar without a liquor license - a statistic.

So, a medical doper smokes pot by the door to your bar, which you know jeopardizes your liquor license. In your best customer service voice you ask him to stop. End of story? Should have been.

Not it the doper claims he has a HUMAN RIGHT to smoke dope wherever he likes, and has a license for that as well. How do you fight that sh?t? Well, you have to get innovative and Ted Kindos and his lawyer are doing that, but not without resistance, and significant cost. The best news is that since the HRC/HRT process takes so long, you can do other things maybe to help your case along the way.

So, Kindos did. As reported in the National Post here:

Ted Kindos, owner of Gator Ted's Tap and Grill in Burlington, Ont., is seeking a declaration from the Federal Court that people with a permit to smoke medicinal marijuana cannot do so in a public place or any licensed establishment.

He also wants the court to order Health Canada not to renew the permit of his former patron, Steve Gibson, arguing Mr. Gibson has not been in compliance with its terms of use.

Sounds simple enough and a pretty good strategy, and amazingly logical too, but not if there is a 600 pound gorilla in the court, fighting you tooth and nail. Yeah, the feds put their lawyers on it to block Kindos, for reasons that only make sense to government:

Federal government lawyers sought to dismiss the case, arguing there is no dispute that requires adjudication because Health Canada does not purport to authorize permit holders to smoke marijuana in violation of any applicable law or in an establishment subject to Ontario's liquor licensing laws.

But, Gator Ted will get his chance to have his case argued as :

In his decision released Monday afternoon, Federal Court Prothonotary Kevin Aalto said Gator Ted's is "caught in a conundrum" between Ottawa's medical marijuana regulations and its obligations under the regulations of the Liquor License Act of Ontario.

The restaurant "ought to have its day in this court," the decision said.

Here from the NP is a summary of the situation:

Mr. Kindos is facing a human-rights complaint for asking Mr. Gibson not to light up outside his business. Mr. Gibson contends in his human rights complaint that he's being discriminated against because he has a disability.

Mr. Kindos argues he could lose his liquor licence if he allows Mr. Gibson to smoke or hold the controlled substance in or out front of his restaurant.

Where an authorized permit holder uses marijuana is not governed by federal regulations but Ottawa is considering whether it should be.

Health Canada said it is looking at developing options that would "clarify and limit" where permit holders could smoke.

I guess Health Canada does not want to be told what to do by someone who is a victim of their lack of rules for the few boneheads that hold medical marijuana permits and think only of themselves.

Want to guess what this nonsense is costing Ted Kindos? Hopefully it won't cost him his business. By last February it was up to $40,000 in legal fees.

Here's a nice little summary from The Star several months ago which gives some perspective on this ridiculous case, that threatens to bankrupt a small businessman.

Here's where the two locations of Gator Ted's are:

GATOR TEDS

1505 Guelph Line,
Burlington, Ontario
905-336-3133

GATOR TEDS

419 Highway No. 5
Waterdown, Ontario
905-690-3133

Grab some good food and a libation at one of his establishments. Show him support the best way you can. Visit his establishment. Tell him mbrandon8026 sent you.

Keep up the good fight Ted.