Xtra Magazine
Thursday, December 14, 2000
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THE PRUDENT WAY OUT. Janko Naglic just canned Naked Nights because the
mess was too confusing. (photo by Jan Becker)
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A gift for the Barn
News
/ A 20-year-old ruling states nudity ain't disorderly conduct
story by Eleanor Brown
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Xtra! Dec 14 2000
 The Barn's long awaited court hearing on a
"disorderly conduct" charge will be postponed.
"I'm going to ask that it be put off," says Andrew Czernik, the
lawyer for the Barn.
"Nothing will happen. It will probably go to February."
Czernik says he's stuck in another trial, and can't be excused.
He expects to make a very brief appearance the morning of Fri, Dec 15
to ask for the switch, which he also expects will be granted.
The Barn was charged by plainclothes police back in March under the Ontario
Liquor Licence Act with allowing "disorderly conduct" - for holding a Totally
Naked Toronto Men Enjoying Nudity dance on its licensed premises.
The monthly gyrating had been going on for three years without a
hitch. [Actually, the first nude dance at the
Barn was in February 1995, so it has been almost six
years! -TNT]
After an outcry, Naglic and TNT MEN were allowed to apply for a
special occasion permit [not true; no
permit was required] and hold another naked dance that was closed
to the public. Tickets were sold in advance, and those without the
coupons were turned away at the door.
Police went again and threatened Naglic with more charges.
Confusion reigned. Then Naglic was told by police the deal was
back on. He announced he didn't care - no more totally nude nights,
because the whole thing was too much of a mess.
But while some cops say that nudity and beer equals "disorderly
conduct," the Alcohol And Gaming Commission has not regulated what it
considers the "moral issue" of nudity for years.
It all started in a 1980 ruling named after Moose Creek,
Ontario's Central Hotel.
| New Date for Barn Trial |
The hearing for the Barn's disorderly conduct charge has been
postponed.
At a brief hearing on Dec 15, the judge agreed to push the date
forward because the Barn's lawyer is in the middle of another criminal
case, which takes precedence over a Liquor Licence Act charge (which
is a provincial offence, not a criminal one).
But no specifics were set.
A new court date should be finalized within the next three weeks.
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The lounge employed an exotic dancer who was charged and
convicted criminally of "being nude in a public place." From that, the
owners were then accused by liquor inspectors of permitting
"disorderly conduct to take place in the licensed premises."
The booze permit was suspended - but a three-person appeals
tribunal was asked to look into whether nudity constitutes "disorderly
conduct" under the liquor act.
A chunk from a legal tome, Butterworth's Words And Phrases
Legally Defined, was read out during the hearing.
In their final ruling, the adjudicators announced that
"disorderly conduct must have as an ingredient the fact that it causes
annoyance to others. In the tribunal's opinion, one quotation sums up
the meaning a court should give to 'disorderly conduct': '[A]n offence
against good manners, a failure of good taste, a breach of morality,
even though these may be contrary to the general order of public
opinion, is not enough to establish this offence. There must be
conduct which not only can fairly be characterized as disorderly, but
also is likely to cause a disturbance or to annoy others
considerably...."
So nudity does not constitute disorderly conduct, and the liquor
charge was dismissed.
The Barn charge has been sent by the police to the courts, rather
than the more usual route via the liquor tribunal.
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