I was surprised to see the name of someone I used to work with pop up in a story about over-enthusiastic enforcement of imaginary “laws” in the Ottawa area:
On Tuesday, the City of Ottawa’s bylaw enforcement team tweeted out an important clarification to a recent news report: An Orléans man had not been and would not be issued a $700 ticket for “playing soccer with his son in an empty field.” Rather, the city maintains, he had only been issued a “verbal warning” for playing soccer with his son in an empty field.
One can understand the Orléans man’s confusion. As David Martinek told it to the Ottawa Citizen, he was kicking around a ball with his four-year-old son William, who has autism and “more energy than needed to power the City of Ottawa,” when a bylaw officer arrived, took note of his licence plate and mentioned the $700 figure. He quite logically expected a summons in the mail.
The good news, such as it is, is that Martinek is no poorer to the tune of $700 (though he could have crowdfunded that in about 90 seconds). The remarkable thing about the city’s clarification, however, is that it actually paints a more offensive picture. A ticket is something you can fight — and such a ticket would deserve to be fought unto its demise, because Martinek doesn’t seem to have been doing anything illegal. As such, the “verbal warning” serves only as intimidation against a harmless, indeed beneficial activity.
The City of Ottawa’s website lays out the “rules and restrictions” in force due to COVID-19. It notes that bylaw officers have been empowered to enforce Ontario’s Emergency Management and Civil Protection Act. Regulation 104/20, made under said act, orders the closure of “outdoor recreational amenities that are intended for use by more than one family.”
It defines “outdoor recreational amenities” as off-leash dog parks, community and allotment gardens, “all portions of park and recreational areas containing outdoor fitness equipment,” “all outdoor playgrounds, play structures and equipment,” “all outdoor picnic sites, benches and shelters in park and recreational areas,” and “all outdoor sports facilities and multi-use fields, including baseball diamonds; soccer fields; frisbee golf locations; tennis, platform tennis, table tennis and pickleball courts; basketball courts; BMX parks; and skate parks.”
Considerable thought went into those very thorough prohibitions, you will agree. Yet they conspicuously do not prohibit two members of the same household kicking a ball around. Martinek says he questioned the bylaw officer as to whether they were on city parkland, but there’s nothing in the act prohibiting intra-household kick-arounds in parks or anywhere else. “Nothing in this order precludes individuals from walking through or using portions of park and recreational areas that are not otherwise closed and that do not contain an outdoor recreational amenity described,” the regulation reads.
