At the behest of downtown merchants, Kingston City council has been using by-law 10 to harass young people for skateboarding, loitering and pan-handling. Yet the council has no problem ignoring its own law when it's "good for business", as in the case of the Buskers Festival.

According to City by-law, no-one may carry out such an event in "any public street or place". Furthermore, the event is sure to create crowds of more than three which may "crowd", "jostle", "obstruct", or "create discomfort, disturbance, or confusion" for other pedestrians. And what about those "persistant" please for money that have happened during the shows every year?? They seem to be a clear contravention of section 9. But we can be sure that no-one will be charged for these infractions.

When City council recently amended by-law 10, they insisted that there would be no selective enforcement, and that there was no proof the law was intended to force "undesirable" young people from the downtown streets. If this is the case, then City Hall should be charged for violating the law!! If they aren't charged then the by-law should be thrown out!!

Relevant sections of by-law 10 are printed below:

10-9.
No person shall in any public street or place in the City, solicit any person for any commercial purpose or panhandle, except as provided for in any other By-Law passed by this municipality. Panhandle for the purposes of this By-Law shall mean the agressive accosting, halting, waylaying or confronting in a persistant manner of another person for the purpose of importuning, entreating or urging that person to give money.

10-12.
(a) Three or more persons shall not stand in a group or near each other on any street or sidewalk in such a manner as to obstruct a free passageway for foot passengers.

(b) No person shall use the streets or sidewalks of the City of Kingston in such a manner as to crowd or jostle other foot pedestrians or so as to create discomfort, disturbance or confusion for other foot pedestrians.

10-70.
No person shall give or hold any show or exhibition of any kind whatsoever, or give or hold any dramatic or musical performance or other entertainment in any public street or place in the City, or put or place for the giving or holding the same in any public street, or place, any booth, tent or other erection of any kind whatsoever.