Ontario resident Ben Weigl has shared his story with OCLA about his efforts to get his local shopping mall to include information about face mask exemptions in its posters notifying customers about the mall’s mask requirement.
As he explains below, Mr. Weigl was confronted by mall security who called the police because he was handing out letters to stores in the mall stating his request. Mr. Weigl filed a complaint with the Human Rights Tribunal of Ontario (HRTO), which is still in process one year later.
Mr. Weigl’s story can be read below:
EXERCISING MY RIGHTS UNDER THE ONTARIO HUMAN RIGHTS CODE CONSIDERED SOLICITING A BUSINESS BY DEVONSHIRE MALL IN WINDSOR, ONTARIO
By Ben Weigl, August 1, 2021
The following is my story of what happened to me, an Ontario resident with a non-apparent disability, at Devonshire mall, when I requested under the Ontario Human Rights Code that the stores and the mall accommodate people with disabilities by adding the mask exemptions to their signs. And the process of filing an Ontario human rights complaint against the mall, which is still in its process at the time of this writing (August 1, 2021).
I had seen and heard of too many instances, not just in Ontario but across the country, of how people were treated even when they told the businesses they had mask exemptions, including my own experiences. I was shocked and dismayed and hurt that Canadians, of all people, were treating their fellow citizens this way. In August of 2020, due to experiences at Devonshire Mall in Windsor, Ontario, where stores denied me service even though I have a mask exemption, I decided to exercise my rights under the Ontario Human Rights Code and write an accommodation to disability request letter and hand deliver that letter to each store in Devonshire mall.
Pic 1: Accommodation to disability request letter handed out to mall and stores
So on Monday August 17, 2020, with letter in hand, I went to Devonshire mall. I came across a mall security guard named Ryan and handed him the letter. He was reluctant to accept it. So I proceeded to hand out my letters to the individual stores in the mall, indicating to each store that it was an accommodation to disability request. At about the 8th store, the same security guard who was reluctant to accept the letter told me to stop handing them out. I informed him I was exercising my rights under the Code and would continue to do so, at which time he informed me he would call police if I continued. I informed him if that’s what he had do, then go ahead. I continued to hand out the letters, and I now noticed about 5 security guards who seemed to come out of nowhere discussing what they should do.
At about the 13th store I was now approached by Chris Savard, a mall representative and security – basically the same discussion – I was exercising my rights, was told to stop handing out the letters, and if I didn’t, they would call police. Again I refused to stop and continued.
Finally, the police were called. Two Windsor police officers showed up. We now had the two police officers, security guard Ryan, Chris Savard the mall representative and myself discussing the issue in front of guest services. I noticed the surveillance camera just above guest services, so I positioned myself so that the camera would capture everything and everyone.
The one police officer when I volunteered my ID quoted “6 feet, 6 feet” indicating I should stay back 6 feet from him.
When I tried to explain and requested they accommodate my disability and let me continue to hand out my letter, they said no because they considered it soliciting a business, and threatened me with trespass. I asked the police officers if I was being asked to leave.
Chris Savard said I could continue with being at the mall as long as I stopped handing out the letters.
At this point I figured it was time to stop and fight another day by making an Ontario human rights complaint.
Pic 2: Mall signage confirmed by the mall itself in response to my Ontario human rights application (notice that the signs do not indicate in any way that there are exemptions, only that masks must be worn to enter).
TIME TO FILL OUT AN ONTARIO HUMAN RIGHTS COMPLAINT
Due to my experiences at the mall it was now time to fill out an Ontario human rights complaint of discrimination against disability, for the mall interfering in my accommodation to disability request letter which the Devonshire mall considers 1) the letter to be a flyer, and 2) handing out that letter to be soliciting a business.
Due to all the covid rules and shutdowns I knew it was probably going to take at least a year to be heard. I filled out the complaint at the end of August 2020 and received a response to the complaint in July of 2021. I had other complaints from August 2020 regarding other stores, and it seemed once I wrote to the tribunal that I did not receive a response to any of my complaints. With it now being July 2021, I asked them to make a decision on all my applications as in my opinion justice delayed was justice denied. About a week later, I received from the Tribunal the response from Devonshire mall and notices of intent to dismiss other cases I had going.
So the tribunal sent me the Devonshire mall response in July of 2021 when it was indicated on the response form that Devonshire mall responded by response form in September of 2020.
Remember because of lockdowns, tribunal members and staff were working at home from different locations. My Devonshire mall case was handled by one then passed off to another one. As I have stated previously at the time of this writing, Sunday, August 01, 2021, the application is still going through its process.
WHAT BOTHERS ME THE MOST
- Devonshire mall by their own admission in a HRTO response form indicate they knew there were exemptions as per the by-law and told the stores the same thing, yet Devonshire mall and stores chose not to post exemptions, only the sign or signs as above that masks are to be worn before entering.
- That Devonshire mall considers my accommodation to disability request letter to be a flyer and soliciting a business.
I have experienced and seen people calling out other people and harassing them for not wearing a mask, because they see the “wear a mask” sign that has no indication whatsoever that there are exemptions.
In my case, I’m dealing with the disability exemption, so for me and I am sure for others who are disabled, the stigmas attached to people with disabilities prior to covid have increased dramatically due to people being unaware of exemptions. And in my opinion this has created a poisoned environment throughout the country for not only people with disabled exemptions but other exemptions as well.
HOW I TRY AND PROTECT MYSELF DURING THESE TYPES OF THINGS
Since the mall has security cameras everywhere, I knew everyone’s actions were monitored, therefore I always positioned myself in front of one when approached by mall staff.
When it comes to a trespass issue, leave the establishment and fight another day: file an Ontario human rights complaint.
If you can, write down the incident as soon as you get home, or after you depressurize from the incident.
Since I was forced to stop handing out my letter but was allowed to continue to be in the mall, I took time in the food court which was opened at that time to write down the incident.
Who, what, where, why, when and how.
CONCLUSION: IS THERE ANY?
Like I have indicated before, the Ontario human rights process is still ongoing.
