Good News Today !

[Pompal 09.]

This was in todays Star

Judge loosens body rub parlour rules
Nudity, sex act bans struck down
Brampton bylaw oversteps bounds


PETER SMALL
STAFF REPORTER

A judge has struck down sections of a Brampton bylaw prohibiting nudity and sex acts in body rub parlours.

Mr. Justice Emile Kruzick quashed a rule forcing female staff to cover their breasts and workers of both sexes to cover their pubic areas in the city's 16 parlours, because "it legislates morality and criminal law," which is beyond the city's powers.

He overturned an amendment barring sexual contact between parlour workers and clients because, he said, that is also the job of Canada's Criminal Code, not local bylaws.

The Ontario Superior Court judge also annulled, in his ruling released yesterday, a regulation limiting the hours of operation from 10 a.m. to 10 p.m. because it is "unfairly discriminatory" as compared with the hours allowed "for other adult entertainment establishments."

The city amended its bylaw governing "non-therapeutic massage operations" to include the new rules in May, 2003.

Owners of the city's 16 body rub parlours, including Paradise Health Spa, Tokyo City Inc. and Holistic Therapy Clinic, challenged the amendments in court last October.

The city also sought, through its amendments, to limit the transfer of licences to a maximum of eight parlours. The judge threw this out on the basis that it is discriminatory in removing one of the rights of ownership, namely to sell a business that was legal and licensed under the previous rules. But he upheld the city's right to try to eventually get the number down to eight. The lawyer for the parlours did not return a call.

Janice Atwood-Petkovski, of Brampton's legal department, said yesterday the city will not appeal. City lawyers told the judge that activities in the parlours raised concerns about health and safety. Investigators found "a consistent pattern of activity involving sexual services," Kruzick noted.

Parlour owners argued that the city was legislating morality, which is Ottawa's job.

The judge agreed. "I find the city is attempting to legislate and expand on the existing provision of the Criminal Code because it wishes to control sexual activities in body rub parlours which, under the existing provisions, are difficult to enforce."

A Peel Region police detective gave evidence that he considered every body rub parlour to be a "common bawdy house," the judge said.

 

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Thumbs up to Mr. Justice Emile Kruzick. He may even be a regular at one of our favourite MP's.

 

[Hao Kuan L]

This ruling will affect all MP's in Toronto as it came from Ontario Superior Court. It is nice to see that the city will not be appealing the decision.

 

[Vegas Matt]

Great News!

 

[Pompal 09.]

If there are some smart politicians out there, they may sit up and take notice that it is time to legalise brothels! However, smart politicians is an oxymoron, if ever there was one.

shakenbake

 

[Kaki King]

The most important part of the ruling was that the judge reinforced that municipal governments have ABSOLUTELY no authority in legislating morality or crimnal law.

How many times do these municipal hacks have to be told this. Do they simply ignore the advice of their highly paid lawyers?

More than likely they do it for purely political window dressing to make it appear as they are doing "something".

Now, maybe the Body Rub parlours will push a little harder and sue for their costs.

The city knkew or ought to have known that this law was unfair and discrimantory and was outside of their jurisdiction and therefore the body rub parlours should be entitled to costs.

That might slow them down in the future...

 

[x man P]

Don't forget that the Criminal Code will still apply so we aren't in the clear yet.

Fernie

 

[moo goo gai pan]

Yes but it does get rid of one level of meddling civil servants that are trying to spoil our fun

 

[Sami]

What if the federal conservatives get elected? Will they overturn the ruling?

 

[Vamp]

Doubtful.

Fernie

 

[moniquebaby]

I wonder if anybody has the name of the lawyer who won this case for the Brampton MPs

 

[KING OF BANANAS]

While the judge upheld the principle the criminal law is beyond municipal powers, it's still there, and can be enforced