Windsor man seeks apology after being cuffed and charged with trespassing during city hall protest

While skating outside city hall with a protest sign criticizing transparency at the public institution, Spencer Allossery says he was unjustly placed in handcuffs by police and issued a trespass order.

Now, a non-profit firm that defends peoples’ constitutional rights has taken on Allossery’s case. The Canadian Constitution Foundation [CCF] is looking to get the $65 trespass ticket thrown out and an apology from both police and the city.

“Our rights are not understood by the people who enforce them,” said Allossery.

The 50-year-old says he doesn’t protest often, but after seeing portions of the Windsor municipal budget being redacted on Dec. 29, he says he felt compelled to express his views.

“When governments operate in the darkness, it’s a concern for anybody and it’s a concern for me,” said Allossery.

His sign stated “under the 2001 Ontario Municipal Act, you are legally required to provide a complete budget.”

Allossery says he was told to leave the property by city security on Jan. 5., around the time a city committee meeting was taking place. After refusing, police put him in handcuffs and trespassed him for 24 hours.

Then on Jan. 6, the city released a statement saying it will make nearly 30 items public that were previously kept private in the budget. The shift came after mayor Drew Dilkens directed administration to see if items listed as in-camera could be made public.

“I think when people look at the list they say ‘there’s really nothing to see here, like it was no big deal,” said Dilkens on Jan. 12. “Great, now that stuff’s out there and people can chew on it.”

Letters have been sent to the City of Windsor and the Windsor Police Service demanding they apologize to Allossery.

Freedom of expression is important, city says

A city spokesperson said they don't comment cases before the courts.

However, added that the municipality is "committed to upholding freedom of expression."

"Freedom of expression is not only protected by the constitution but is also an important and integral right in a free and democratic society. Individuals are entitled to the constitutional right of freedom of expression in front of city Hall, including the right to express public dissent so long as it is peaceful," said Michael Janisse, senior communications manager at the City of Windsor.

The Windsor Police Service did not immediately respond to CBC's request for comment.

Josh Dehaas, who works with CCF and is representing Allossery, says he’s waiting for a meeting with the Crown’s office to hopefully get the trespass ticket thrown out.

Lawyer says his client was 'peaceful'

“Windsor City Hall security screwed up here because they decided somebody protesting couldn’t be there with his sign without any good reason for doing so,” said Dehaas. “And police, rather than investigating and figuring out whether there really was any good reason to trespass him from the property, put him in handcuffs and so both of them, I think, violated the charter very clearly.”

The CCF said both police and the city violated his right to freedom of expression.

Dehaas said his client’s protest was peaceful and he wasn’t causing a disturbance.

“He did that at a skating rink outside of city hall, which is the quintessential place where people are supposed to go to express themselves on political matters,” said Dehaas.

“As long as you’re not being disruptive in any serious sort of way, you’re allowed to protest in public spaces like skating rings.”