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Tuesday, February 27, 2007

Naked Butt but Not Alone

Interested article on the gentleman who sued and won after being kicked out of his nudist club on Vancouver Island for not socializing. The author defends the right to be nude and alone, but it is the comments to the article that are interesting . . . but I'll leave that to you to read.

More interesting is the comment form at the bottom of the page where you can submit your own comments to this non-nudist site.


Do 'textiles' really need help filling out comment forms?

4 comments:

  1. Anonymous5:09 PM

    From my understanding it wasn't just that he wouldn't participate in social events.

    He was creeping people out.

    Nudist clubs need to have wide freedom in who they keep out. It is the best way to keep nudism safe and family friendly.

    "Bad Vibes" is usually the best indication that someone could threaten that.

    This ruling is very tragic and threatens the safety of nudist retreats in Canada.

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  2. When you make an unsubtantiated statement like "He was creeping people out", please have the courtesy to cite a credible source AND sign your name!

    I've read nothing in the media nor the forums that would suggest such was the case or impetus for kicking the guy out. Nor, would I suppose, did the courts find so else they might have ruled otherwise on different grounds. I would be very interested if you can back up your assertion.

    But otherwise, I agree with your assessment that clubs need latitude to keep the resort safe.

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  3. Anonymous9:48 PM

    http://www.canada.com/victoriatimescolonist/news/story.html?id=4b86a002-2154-4191-8aa0-82115b664dd3&k=15254

    http://tinyurl.com/35a9ev

    "he had posted an advertisement on a bulletin board offering to pay a member's child to perform yard work."

    http://www.courts.gov.bc.ca/jdb-txt/sc/05/19/2005bcsc1908.htm

    http://tinyurl.com/3bakxs

    "The plaintiff asserts that Mr. Grenier did not participate in the Club activities, contribute to the well-being of the Club, or follow the beliefs or aims of the Club as set forth in his application for probationary membership. They say the Board of Directors received a number of verbal complaints about his behaviour before terminating him. They complained that he advertised for a minor to do yard work, which is against Club policy."

    http://www.courts.gov.bc.ca/jdb-txt/sc/06/18/2006bcsc1804.htm

    http://tinyurl.com/34qdqx

    on July 24, 2004 the Board of Directors revoked his probationary membership effective immediately, alleging that he was a “loner” who did not participate in social events or work on the grounds; that he did not contribute to the well-being of the Club or follow its beliefs and aims; and that he advertised for a minor to do yard work. As well, there were verbal complaints about his behaviour, suggesting he made some people feel “uneasy”. In addition, there was a complaint that he had violated the Club’s Policy and Procedure by acquiring an interest in a cabin from the Biefelds, who were certified members.

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  4. Much thanks for the citations. Now if you read them completely, especially the ruling reversing the injunction you come across findings of fact and analysis by the court that refute the character-assassination of the expelled member

    "[42] Mr. Grenier was feeling justifiably aggrieved by the actions of the Board of Directors. He felt condemned without being heard. He felt he was being regarded as a sexual predator, something that did not sit well with a man whose entire career has been as a peace officer and who has done charity work with children. The situation confronting Mr. Grenier is not a situation anyone would react well to; and if the Board of Directors were asked, I suspect they would agree with the proposition that they would not expect to be treated in the manner they treated Mr. Grenier and they would react as he did.

    [43] Madam Justice Allan stated at para. 24 of her reasons for granting the Club an interim injunction against Mr. Grenier that:

    … any social club’s overriding goal is the enjoyment of its members. That involves a harmonious relationship among the members, which in this case appears to have been hopelessly ruptured.

    Having heard evidence from a number of Club members, it is clear that all is not harmonious amongst the Club members in their piece of paradise. In fact, the Club has two factions that appear to be at odds. Unfortunately for Mr. Grenier, his friends are amongst the faction not currently in power. Apparently there are a number of lawsuits outstanding as the Club is plagued with accusations and disciplinary matters. The Club appears to be dysfunctional."

    source:The Sol Sante Club v. Grenier, 2006 BCSC 1804

    I find the amalysis that the club is 'dysfunctional' and that the defendant seems to have ended up on the wrong side of the factions, compelling.

    The court also found that allegations of inappropriate activities ONLY surfaced after the expulsion and the defendant's attempt to remedy the situation by legal action. None of those allegations stood up in court.

    Posting an ad for a teen to do yard work is innocuous (even in a nudist resort) . . . lacking any other basis for concern.

    Sorry . . . I think the judge ruled correctly. End of story.

    And attach a name to your postings . . . the next anon one will get deleted.

    ReplyDelete