Historicist: "The city that nobody loves"
Elsewhere in the Ist-a-Verse
Three weeks ago, Now Magazine published a first-person account of the forcible confinement and assault of regular contributor (and Pedestrian Committee member) Roger Brook. On an unspecified part of Dufferin, Brook stopped to take down one of those junk signs illegally attached to utility poles throughout the city—the kind of advertising that even right-wing city councillors get pissy about [PDF]. Despite the fact that he (and the sign) were fully within the public space, Brook was threatened and attacked by a private security guard who wrestled him to the ground, handcuffed him to a fence, and radioed the police. Private security of course has no such authority in the public space—nor had Brook done anything illegal—but silly things like laws aren't really of much interest to someone whose behaviour would warrant a feature-length investigation even if he were a cop. Brook's article gave us difficulty sleeping; we have no idea how we would handle the situation he found himself in.
The issue of private security in public space is a frightening one—it's like a police force with even less accountability. Or, more accurately, it's like bands of mercenaries accountable only to the interests that hire them; these tend to be Business Improvement Areas (BIAs), which sometimes see employing private security as a logical extension of paying people to sweep the streets. Indeed, last summer's Chinatown pilot was explicitly aimed at hassling panhandlers and other street people. So city sidewalks—if there are enough businesses abutting them—are being clamped down on as though they were the PATH; Brook quotes Councillor Vaughan asking about Chinatown, "Is it different than a mall, the TD Centre?" To which we must reply, Yes!
Yesterday afternoon we discovered the above signs attached to trees up and down Spadina. While we wish the artist had heard of TinyURL, it is still the most exhilarating public art intervention we've seen in some time. And, as of 7 p.m., only one had been taken down.
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tinyURL? i think the artist needed xoo.la!
http://xoo.la/public-space
The moment I was asked to leave a property after taking photos of a permanent and public art installation (the cows at the TD Centre), I looked up my rights as a citizen to simply be in a place and take a few public snap shots. The following link, though geared toward photographers, provides excellent information regarding what security can and can't do:
http://ambientlight.ca/laws.php
To sum it up, if you're in a public place, no private citizen has a right to tell you to leave/abide by their rules/etc. On private property, owners or those authorized to speak on their behalf (security) can ask you to leave. If damage is involved, they can report the incident to police and sue you civilly, not criminally. The law looks at that as a matter between you and the property owner, and the onus is on them to prove damages.
Private property must be clearly marked (e.g. "Private property, no tresspassing") or fenced, but if its not the expectation is that its a public space unless the property owner (or security) notifies you otherwise,
in which case you are required to leave.
In my case, security was being polite, understanding, and did their job with a smile (despite what I think about the rules they were enforcing). Had I ripped down a sign clearly posted illegally, I doubt they would've been as irked as they were with Mr. Brook.
In a public spot, the security guard is just another joe with no more rights than you or I. They cannot:
1. Arrest or detain in a public space you unless you're doing something clearly illegal (you can do the same to someone else). It's called forcible confinement and/or kidnapping unless it's done for a damn good reason.
2. Ticket you for anything. Use the paper to wipe your behind at the next possible opportunity. If they're claiming damage, they must take it to civil court, otherwise you can walk away laughing.
3. Ask to see/remove/alter your belongings/ID/etc. Never ever; under any circumstances. Period.
It's hard to tell from the article exactly where this happened, but it sounds like the sign was on a public utility pole (note the word "public"). It sounds like Roger could have himself a nice little lawsuit against the security company that hassled him, but I don't think it's indicative of widespread problems. Just like overzealous or corrupt cops, security can a-holes too.
http://www.torontocitylife.com/
I despise those junk removal signs as well as other commercial advertising on street poles. Keep ripping them down, because it creeps. Look at what happened around the the U of T campus. Every pole is covered, as well as street elements like parking machines. Commercial advertisers also try street signs and walls.
Enough is enough. I'm not a fan of the completely sterile streets aesthetic, but the commercial postering needs to be kept in check.
Flipping excellent. Stellar post.