Emo township, its mayor and two councillors (one former) had their second day of tribunal deliberations for rejecting a Pride declaration and flag flying in May 2020.

Activists from Borderland Pride are seeking shake-down compensation from the tiny township with a population of 1,400, whose standing was in question when it was discovered they do not reside in Emo, the Ontario Human Rights Tribunal (OHRT) heard today.

Yesterday, the OHRT heard from human rights lawyer Douglas Judson, who is a listed applicant in the human rights complaint, seeking $45,000 in hurt feelings damages — $15,000 from the township and $10,000 each from the mayor and two councillors.

Now, Borderland Pride and Douglas Judson, (an activist lawyer based on his pronouns in his zoom name) are seeking $45,000 in hurt feelings cash- $15,000 from the municipality, and $10,000 each from the Mayor and two councilors who voted against the proclamation of Pride.

— Sheila Gunn Reid (@SheilaGunnReid) June 11, 2024

Judson proclaimed failure to proclinate Pride resulted in hate against the LGBTQIA+ community. He gave a lengthy deliberation about conservative Christians imposing their views onto others while arguing access to a flagpole and forced affirmation of sexual tendencies is a human right.

Yesterday, the tribunal heard from the lawyer for the applicants who argued the failure to proclaim June as Pride Month in 2020 opened the LGBTQAI+ community to hate. He went on a lengthy diatribe about conservative Christians who try to impose their view on others - while…

— Sheila Gunn Reid (@SheilaGunnReid) June 12, 2024

Defendants Mayor McQuaker and councillor Toles, who are elected to represent their constituents, stated the community was not in favour of lengthy Pride proclamations that had subjective values and statements not shared by all community members.

McQuaker and Toles said they thought the community did not want a lengthy pride proclamation and that the proclamation had subjective values and statements not shared by all of the Emo community members.

The historical habits of the council indicate short, concise declarations…

— Sheila Gunn Reid (@SheilaGunnReid) June 12, 2024

The applicants appeared to struggle to establish strong standing in the case since none of them live in the Emo community, which begs the question: does the township have an obligation to offer services to non-residents under the Municipal Act?

How am I just hearing this now? Doug Judson, a human rights lawyer and the co-applicant in the complaint against the township of Emo for not making a Pride declaration in 2020, is not even a resident of Emo Township.

Does the township have any obligation to offer services to…

— Sheila Gunn Reid (@SheilaGunnReid) June 12, 2024

The damages alleged by Borderline Pride amount to $12,000 — a number greater than the entire Emo council is paid in a year.

Interestingly, litigation was launched the year before Borderland received a federal grant for festivities in the next town over. The amount is comparable to the funding typically awarded to Pride organizations in municipalities five times larger.

Borderland Pride launched a human rights complaint against the tiny municipality of Emo, population 1400.

The next year, they get a federal grant with the amount in line with Pride organizations operating in municipalities five times the size. pic.twitter.com/u4ew10syD6

— Sheila Gunn Reid (@SheilaGunnReid) June 12, 2024

The previous Pride declarations in the town omitted the onerous, ideological and political preamble of the 2020 version, which was voted down. The adjudicator notes this was done to protect the freedom of speech and conscience rights of council members.

Previous years' pride week declarations in the town of Emo omitted the onerous, ideological and political preamble of 2020's version which was voted down.

The adjudicator notes that was done to protect the freedom of speech and conscience rights of council members.

— Sheila Gunn Reid (@SheilaGunnReid) June 12, 2024

The adjudicator withheld the decision, suggesting the case may take months to decide.