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SEEKING RE-ENTRY – Mark Mendelsohn, seen before council on Monday evening, says he ‘can’t get a straight answer’ from city officials about why he cannot enter the Canada Games Centre.

Man questions prolonged ban from games centre

A local man may have to pursue court action if he wants to return to the Canada Games Centre (CGC).

By Stephanie Waddell on December 11, 2015

A local man may have to pursue court action if he wants to return to the Canada Games Centre (CGC).

Mark Mendelsohn went public with the matter at Monday’s council meeting.

Appearing as a delegate, he asked that either the ban the city has placed on him from being at the CGC be lifted or his property tax bill be reduced so he’s not paying for something he doesn’t have access to.

Council did not ask any questions nor confirm that it would respond to Mendelsohn’s request.

While he argued to council the ban was in place for seemingly “no apparent reason,” he later told reporters the only reason he could recall for the banishment happened about five years ago, when a youth group his daughter was part of went to the pool.

He was among a few of the parents who had joined the group for the outing.

He was playing around with the kids and later threw another girl into the pool, thinking she was with the same youth group.

When he realized she wasn’t with the group, the horseplay was soon over and he was banned from the facility.

Mendelsohn said he was charged with assault over the incident, but that charge was later dropped.

“It was a case of mistaken identity,” he said.

While he can understand being banned from the CGC while the matter is going through the court process, he said, once the charge was dropped, he believes, he should have been permitted back in the facility.

Instead, the ban has remained in place. Mendelsohn remains unsure why, despite continually seeking an explanation from city staff and its lawyers.

“I can’t get a straight answer,” he said.

Management officials have not been willing to provide anything in writing stating a reason, he said.

While he spoke to city lawyers last year about it, he said the only explanation he could get from them was “inappropriate behaviour”, which, he argued, is a more of an opinion. The lawyers did not provide further explanation on it, he said.

“Again, it’s not clear (why),” Mendelsohn said.

Most recently, he went to the CGC a couple of weeks back to pick up his girlfriend’s daughter, only to be told by a staffer who recognized him he had to leave. He said he was simply sitting at a table reading a book while he waited.

The ban has had an impact both on his professional and family life. The facility is the centre of most recreational and community events, he noted, as well as major holiday celebrations.

As a general contractor, Mendelsohn is banned from attending trade shows. That means a number of “missed opportunities” for work.

What’s extremely frustrating, he said, is when someone in the family suggests taking in, for example, the Halloween Spooktacular only to realize that they can’t go as a family.

And then there are the ongoing activities the kids take part in.

“I can’t take my kids to swimming lessons,” he said.

City staff say they cannot speak directly to Mendelsohn’s case.

Linda Rapp, the city’s director of community and recreation services, said in general, there is a process under which those who have been banned from a city facility can go through to be readmitted.

That process varies depending on the circumstances of each individual case, Rapp said.

Once that has been exhausted, it becomes a legal issue, where the person banned would have to challenge the matter in court.

“It’s a legal process,” Rapp said.

Mendelsohn, however, maintains that without any specifics as to why the banishment is in place, it becomes difficult to argue the matter in court.

Coun. Betty Irwin was absent from Monday’s meeting.

Comments (16)

Up 0 Down 3

Moose Dr. on Dec 17, 2015 at 6:39 pm

Mr. Mendelsohn,
I believe that your constitutional rights are being violated. The Canadian Charter of Rights and Freedoms, Section 7 reads: "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." It seems to me that to be denied access to a public facility is to be deprived of liberty. The principles of fundamental justice, I believe, means that your position should be heard in open court. If there is a skeleton in this closet, it will come out, of course. However, the simple fact that you have experienced a ban without a hearing seems to me to be fundamentally unconstitutional.

Oh, and if you can't afford one, you probably are entitled to the services of an attorney, though my experience is that too many attorneys are incompetent. You can get all of the info you need with a little google searching. I have acted in my own behalf in court to good effect, and I have supported others who have defended themselves to good effect.

Disclosure, I am not an attorney.

Up 20 Down 34

Um mistaken identity or not on Dec 15, 2015 at 4:51 pm

Um, mistaken identity or not, as a grown man, you don't ever TOUCH a young female EVER......never mind pick up a little girl who you don't know and throw her into the pool... He seriously going to come out in the public over this?

Up 22 Down 27

??For Real on Dec 15, 2015 at 2:12 pm

This man in fact lives in one of your cities trailer parks. Therefore I believe any property taxes he pays is only "School Tax". So why on earth would he even suggest a reduction is his taxes. Never mind the fact his ban is based on HIS OWN actions.

Up 22 Down 6

Just Sayin' on Dec 15, 2015 at 11:31 am

Welcome to the new hypersensitive world!!!!

Up 29 Down 66

Only a Snippet of the Story.... on Dec 14, 2015 at 9:45 am

There has to be more to the story...

It's hard to pick sides because this is a small snippet of the story. For myself I know I would be upset even if my kid was in the youth group being thrown into the pool by someone who was not myself or my husband but the reason being because those games typically get out of hand fast. I would also be upset if my kid was just walking by and was picked up and thrown in the pool by a complete stranger. I can understand a ban because to me, yes - it is inappropriate behavior.
This guy should've been more aware of who was in his group and I honestly feel like he is just kind of shrugging his shoulders and saying "no biggie, just mistaken identity" even though the child may have been extremely upset from the whole situation (hard to say though as we don't know who the child is). That being said the punishment does seem extreme for the situation based on this article but without hearing all sides of the story (Mendelson's, CoW's and the parents of the child) it's really hard to side with anyone.

I don't see the CoW reducing this guy's taxes though -- he may be banned but his children and any other dependents are still able to utilize the building.

Up 18 Down 46

north_of_60 on Dec 12, 2015 at 5:27 pm

If this had happened to me, I would ask half a dozen friends to join me at a table at the CGC, and when the over-zealous CoW employee told me to leave we would all say "NO, go ahead and call Bylaw or the RCMP or STFU."

Up 67 Down 23

ProScience Greenie on Dec 12, 2015 at 12:08 pm

Badly needed is some clear signage at the CGC reminding patrons that any type of fun is strictly forbidden. Fun is not only dangerous it is also offensive to many people. Mr. Mendelsohn and others like him should be closely watched as next they'll be involving children in other dangerously fun activities like snowball fights or even worse - putting children on toboggans and pushing them down steep hills.

Up 65 Down 22

Ridiculous!! I hope you win your case on Dec 11, 2015 at 11:57 pm

This is RIDICULOUS. How can you ban this person when he's a dad and has his kids going up there for lessons….meanwhile, there are young people who burned up the mats and almost burned the whole centre down, as well as young people who hang around up there and cause problems…same for everybody COW. Give this guy a chance to be part of the community again. As for the mistaken horseplay part, sounds over the top. Charges for throwing somebody in the pool? Lifetime ban? Yikes

Up 37 Down 73

Mark on Dec 11, 2015 at 7:19 pm

So you assault a young girl at the CGC and you wonder why you are banned? Do you realize what some fathers may have reacted like? If I was in a position of accompanying a youth group, the last thing I would ever do is physically touch one of them, and I would be aware of who is in this group. Done in fun or not, this is a touchy situation (pardon the pun) you put yourself in. You can still drop your kids off for swimming lessons. We live in a world of liability so I can't say as I disagree with policies in place. I'm sure that In time you'll be allowed in, maybe they'll be watching you but what can you expect?

Up 41 Down 12

Lost in the Yukon on Dec 11, 2015 at 7:06 pm

Ha ... in the CBC report on this the City Manager responded, with what can best be described as her best bureaucratic gobbly gook (honed from years working in YG). I see this time the Mayor had the good sense to bench her and have Rapp speak. At least she was able to say there is an appeal process.

Up 50 Down 14

north_of_60 on Dec 11, 2015 at 5:48 pm

Typical CoW bullfudge. All CoW facilities should have clear written policies on what constitutes a 'banning offense' and how that ban can be challenged and rescinded. It appears that once again CoW staff are making up rules as they go along and refusing to justify their actions. They easily forget that WE the taxpayers employ them.

Up 67 Down 15

mary laker on Dec 11, 2015 at 5:14 pm

Unless there is more to this than meets the eye, this is unbelievable. A person tosses a kid into the pool - used to happen all the time when I was a kid! The pool, the lake, squirted with a garden hose, big deal. He thought it was one of the kids in his daughter's group. In this day, any sort of 'horse play' is strictly forbidden, so I guess he did not get that memo, but being charged with assault?!

The world is getting crazy. I am glad he had the guts to go public with this and to go to court. The staff at the Games Center or whatever management person is behind this needs to be held accountable. Demonizing a dad over an incident like this, and taking him to court for 'assault', shows a really disturbed mentality on the part of bureaucrats, and makes a mockery of our justice system.

Up 62 Down 12

Max Mack on Dec 11, 2015 at 5:12 pm

On the surface, this sounds like a decision by an overly-zealous bureaucrat with a management team that has decided to make this personal. And please stop letting the lawyers make the decisions.

Sorry, secret evidence doesn't cut it. Secret allegations don't cut it. Secret witnesses don't cut it.
"Inappropriate behaviour" is an endlessly, overly broad phrase. In any case, there hardly seems to be justification for a life-time ban on the basis of the info presented in this article.

Up 69 Down 11

CJ on Dec 11, 2015 at 4:42 pm

I take it this fellow riled up the staff at the CGC mightily. But boy, I'd have questions too. Five years? My goodness, if they ever catch the culprits who are breaking windows, they'll probably serve less time. The city's talk about lawyers seems like nothing more than a smokescreen and a little bit of a subliminal threat, as well.

Come on, reporters, dig into this a little. Find out what a lawyer actually says. It's a public building and I'm really not sure the city can impose more punitive sentences than the legal system, especially so when they won't explain themselves to the public. As he says, his family is being punished and also, the RCMP didn't pursue it. It calls for some mediation skill, not a lot of cryptic, insinuating statements. It amounts to a kind of ostracism or shunning on the part of the city and as a citizen, I'm really not comfortable with them taking on that role.

Up 33 Down 10

best bahaviour on Dec 11, 2015 at 3:49 pm

While I suspect there is much more to the story than meets the eye here, I don't feel I know enough to make a comment either for or against Mr. Mendelsohn's cry for help.

Up 38 Down 32

June Jackson on Dec 11, 2015 at 3:39 pm

He went on an outing; didn't know the faces of the children in his group, threw some strange little kid into the water. At the CGC no one is allowed to push anyone into the water for any reason. Would if that child couldn't swim?

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