Two peanuts that shook the town
Last week, Westmounter Bruce Kert was riding high on a wave of celebrity that saw his Warholian 15 minutes morph into a few days following the latest update in his ongoing legal battle with the City of Westmount… over two peanuts.
The man who was issued a $75 ticket for feeding a squirrel in Westmount Park is of course playing to the balconies on this one, ensuring that the outlandish figure of his current $455 fine is in the lead of every news report. As the hapless victim of a little-known bylaw, he has received newspaper, radio and TV coverage, not to mention being the subject of CJAD talk show last Friday morning.
If this continues, reporters will no longer be able to simply call up Mr. Kert for an interview; they will have to go through his agent.
The result of all this? "Ha ha ha! Stupid Westmount does it again!"
This is not the first time one of our so-called quirky little bylaws has been ridiculed in the mainstream media, nor is it likely to be the last. But throughout it all, no one can argue that the City's anti-feeding bylaw was not passed with the very best of intentions.
The case against Mr. Kert will likely be dismissed at a subsequent court appearance, for it will be difficult to prove that the Public Security officer who issued the citation gave him fair warning beforehand, and that there were posted signs informing him of the bylaw. Ignorance of the law may not be a defence, but there should be a reasonable expectation of knowing right from wrong. From the defendant's perspective, he could just as easily have been fined for chewing gum while walking, or for wearing a blue hat on a Thursday.
Either way, the very fact that the simple act of feeding a squirrel can escalate into a big cause celebre that draws ridicule on Westmount is an absurdity in itself. But if nothing else, this case has inadvertently served as an effective publicity campaign to alert everyone to the bylaw.
Now, if only Westmount's dreadful parking situation could be given equal attention in the mainstream media, the negative publicity might actually have some positive repercussions.
Nanette Neuwahl
Comment online since February 2nd 2009Dear Sir.
I am reading your commentary of 29 January, entitled “Two peanuts that shook the town”. You seem to suggest that citizens and the media should make a fuss about unreasonable parking tickets so that other people know that parking bylaws exist!? Well no, of course it is the City who takes prime responsibility for the visibility of its bylaws.
But what is going on is much more worrisome. This is a case of inequality between authority and citizen, where law enforcement officials seem to side together in enforcing law just “because it is the law”. The idea which is being projected is, that it is the authorities against “us”.
I myself am in a years old legal battle about damage by a tree that is fully on city property because the city says it did not plant it 60 years ago. Since 172 citizens are in the same position as I, I would really invite a judge to take into consideration the real intentions of certain city officials when they litigate to enforce the law.
With due respect, your forgiving attitude to Westmount and their “intentions” in this matter is really too cavalier.
Nanette Neuwahl
390 Prince Albert Avenue
Westmount H3Z 2P2