Teenager fined for playing basketball alone during COVID lockdown has charge dropped
The unravelling of the COVID-era police state, where exercise was deemed a criminal activity under the guise of stopping the spread, continues.
After nearly three years, teenager William Vogelsang — who was facing a notorious $880 COVID-related public health charge for the crime of playing basketball outside alone — has had his fine dropped.
VICTORY: The charge against then-17yo William Vogelsang was withdrawn today at the request of the Crown Prosecutor. William was ticketed in April 2020 playing basketball alone in a local park. https://t.co/BLlWMjUK1y
— Justice Centre for Constitutional Freedoms (@JCCFCanada) May 25, 2023
A press release from the Justice Centre for Constitutional Freedoms (JCCF), which represented Vogelsang at no cost to him, reads:
On April 15, 2020, Vogelsang, who was 17 at the time, went to a local park to get some fresh air and play basketball by himself. Two Ottawa by-law enforcement officers approached and informed him that the park was closed except for walk throughs. William told the officers that he believed that playing basketball as a group was banned, but that he could play by himself. He then told the officers that he would leave voluntarily.
Despite verbally identifying himself, Vogelsang did not have physical identification on him and was detained by bylaw officers for approximately 20 minutes as a result.
“He was not read his rights or permitted to speak to a lawyer,” the JCCF release states further.
“Our client is thrilled with the outcome and excited to move on with his life,” said Chris Fleury, Vogelsang's legal counsel. “While we would have preferred that William not be charged in the first place, this is the best possible outcome for him.”
Vogelsang was being charged under the Emergency Management and Civil Protection Act, a piece of legislation imposed by Premier Doug Ford's Progressive Conservative government to “stop the spread” of COVID-19.
As we continue to deal with the challenges of #COVID19, the health and well-being of you and your family are top of mind. Today we extended the Ontario Declaration of Emergency until May 12, 2020. pic.twitter.com/pOD5xjbUPl
— Doug Ford (@fordnation) April 14, 2020
The unprecedented legislation saw the closure of public spaces, including parks and playgrounds, for gatherings. Costco, Walmart, and other big box stores remained open while small businesses were also forced to close.
The unscientific sanctions were imposed harshly on the public with no evidence to determine the existence of outdoor viral spread, while ventilation was always a cornerstone of dissipating pathogens.
Improve ventilation to help reduce the spread of #Covid19 indoors. Open windows regularly, even for a few minutes at a time, to replace indoor air with outdoor air. This helps remove viral particles indoors. Learn more: https://t.co/hO50RjOOYe pic.twitter.com/CXc917vsmG
— Health Canada and PHAC (@GovCanHealth) March 1, 2022
Outside in the fresh air is the most effective ventilation system and was always the safest place to be.
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