Medicinal Marijuana Smoker Files Complaint Against Restaurant Owner
Should Medicinal Marijuana Smokers Have the Freedom to Smoke Where They Choose?
A restaurant owner is facing a discrimination complaint after he asked his customer, a medicinal marijuana smoker, not to smoke outside his business. Ted Kindos, owner of Gator Ted’s Tap and Grill in Burlington, Ontario is involved in one of three medicinal marijuana-related cases working its way through the human rights complaints process in Ontario.
His case brings up the issue of where medicinal marijuana smokers are permitted to smoke. Currently, those who hold medicinal marijuana permits (2,800 Canadians) are not given any strict requirements for how or where they are able to smoke. Such details are not governed by federal regulations but permit holders are expected to use common sense, according to the federal government. Should our government be so lax in its regulations regarding where marijuana can be smoked? Seems to me like the government is asking begging for problems.
To further complicate matters, Kindos could lose his liquor license if he agrees to allow his customer to smoke marijuana outside his restaurant. The law prohibits marijuana to be consumed where alcohol served. The claimant says he is being treated differently because he has a disability.
Where do we draw the line in this situation? The claimant is being treated differently based on his disability for which medicinal marijuana was prescribed, but at the same time we have to take into account the rights of others. It’s going to be interesting to see if the courts determine how and where medicinal marijuana will be consumable, as it will set the first precedent of its kind going into the future. I think it’s important they define the boundaries specifically, especially now as the legalization of marijuana is closer than ever to becoming reality.
Related posts:
- Jack Layton Speaks At Medicinal Marijuana Fundraiser NDP Leader Jack Layton was the guest of honour at...
- Save the Economy: Legalize Marijuana With the resumption of parliament only a few days away,...
- Marijuana Prince Marc Emery Awaits Extradition to the United States We Canadians can all sleep a little bit easier at...
Tags: discrimination, legalization, liquor license, medicinal marijuana, ted kindos
Loading ...
February 11th, 2009 at 3:11 pm
This is absolutely ridiculous. Who is actually running this “Human Rights Board”?
Firstly, the intent of the restaurant owner was NOT to discriminate against a disabled person. It was to protect the integrity of his bar and customers.
If you are given the right to smoke marijuana have the decency to respect the rights of others. You can’t subject the general community, especially kids OR people who don’t want to be around marijuana smoke, to your second hand smoke.
This isn’t a question of how safe marijuana might be. It has an odour, and it will affect your state of mind. You cannot subject others to it. Unfortunately, if you have an injury your life will have to be inconvenienced slightly by having to find a private place to smoke. Why should this guy be allowed to inconvenience the bar owner, employees, customers and the general community? He shouldn’t. Something bad happened to him and unfortunately he has to deal with it. The restaurant owner should not be affecting by it, the restaurant customers should not be affected by it and neither should the general community.
Secondly, although not mentioned in this article but was mentioned in the Toronto Star article, this smoker was awarded $2000 for “pain and suffering” from this restaurant owner. And had all of his legal bills paid by the government (our tax dollars) while the restaurant owner paid over $40,000 to defend himself. Are you kidding me? Pain and suffering?? This is a disgusting manipulation of a disability by this person.
Thirdly, how disgustingly inefficient is this government body? Get your act together! These government bodies need to work this out between themselves. It is not the responsibility of the restaurant owner to worry about this. Quite frankly, this Human Rights Board seems to be run by a bunch of over sensitive clowns.
I’m sorry, but we all have to live together in this society. If you are unfortunate enough to have a disability requiring you to smoke marijuana, do it privately and make the necessary arrangements to do so. People live with much worse conditions and are able to live their lives without inconveniencing others. Don’t expect society to adapt to your way of life. We are not responsible for what happened to you.
February 14th, 2009 at 2:28 am
I couldn’t agree with you more Paul. It’s certainly a bizzare situation. We’ll wait and see what the courts/government decides and take it from there. I’ll be sure to post a follow up blog when news of the situation comes out.
February 23rd, 2009 at 7:57 pm
AGREED!
Would anyone know where I can find a newspaper clipping of this article?
Meaning, which paper would have it and the date it was out on the paper?
I need it for a law project.
March 4th, 2009 at 1:18 am
Great Post! Your post Medicinal Marijuana Smoker Files Complaint Against Restaurant Owner | Political News and blogs on Stephen Harper, Canadian Politics and Voting on Informed Vote | InformedVote.ca was real nice change of pace from what is usually published on Marijuana Legalization in California AB 390 bill is the first of its kind to reach the assembly since 1913. I am glad there are so many out there bringing awareness. I have been through countless Marijuana Legalization in California blogs and have read so many different Marijuana Legalization in California posts, glad I came across yours. If you want to show your support you can email the legislation by clicking on my name
December 28th, 2009 at 12:12 am
I agree with Paul. Just because something someone finds “unfair” happens to them in their lifetime doesn’t mean other people should be subjected to it. It is the freedom to choose issue that is at play here. I say NO One should be able to grow marijuana even for medical purposes, here’s why: I have one example of one “medical” user whom has a permit whom doesn’t respect anybody else or their rights because of it. 1) He teats this license like a “get out of jail free card” and waives it in front of everybody disrespecting other peoples choices to be in a smoke free environment and such and such. The marijuana he grows in an apartment is unregulated which means he can use any kind chemicals to “help” grow this super potent marijuana. Well, if it’s supposed to be for medical purposes then why all these chemicals? This is the same as if anybody were to decide to create their own medicines in their basement. This is supposed to be regulated. That’s why we have pharmacies and that is why doctors use prescriptions. It is supposed to be for TERMINALLY ILL patients meaning they have 6-12 months left to live. Why does any Joe Blow can get a license because they feel pain? Everybody feels pain it’s called life. These users that are basically there for the free ride are doing what common folk know to be insurance exaggeration which is fraud. These “growers” that use apartments to manufacture their drugs are probably ( this would be interesting to know for certain) costing the condos or buildings they live in depreciate in value for everyones else and for the banks. After all if a house has been used for a drug laboratory wouldn’t you have the right to know before purchasing also in the case of a mortgage one doesn’t OWN the location until he/she has paid for it in full until such a time it belongs to the bank and the person(s) whom have borrowed the funds to purchase the location. These medical growers and users are not supposed to sell their drugs but in the case of my unfortunate aquaintence he does anyways. This means that he can produce (for example) 1lbs of marijuana per 2-3 months that means @ 5000-6000$ per lbs this person makes roughly (best case scenario) $30000-35000 (tax free) illegal dollars a years by using a Canadian taxpayer funded program supposedly designed to help terminally ill patients, not to mention the fact that now there is a marijuana laced with god knows what and how much chemicals on the street available for our children. Wonderful. Marijuana is not dangerous? It is not regulated. Lastly if a person “needs” so much of this drug then why are they smoking it in public? If they are terminally ill then shouldn’t they be in bed? or in the hospital? I can’t agree more with Paul, you explained it better than I ever could I wish something could be done about this. Check the laws on NON users rights and you can only find users rights. Apparently non users have no rights. I am guilty of having smoked it myself for several years. I have since quit this habit and let me say It IS addictive and it does damage a person psychologically no matter what anyone says. I am lucky to have stopped in time to still be able to live a normal life. I happen to know some people whom are not so lucky…Sooner or later you pay the price. Stopping is the best thing I ever did for myself and other people around me. And as for the argument on “well alcohol is not any safer” that is true alcohol is not the safest it isn’t any better however, when someone drinks a beer or a glass of wine that person is affected and no one else. When some one smokes marijuana every body around that person is affected regardless is they want to or not.
I hope this changes. Most people do not smoke drugs. There should never be an instance where one should suffer because some drug user can respect that other individual’s rights and freedom of choice.