[ql06] CONST: Toronto restaurant rating signs "okay"
- From: "Kenneth Campbell [QL06]" <2kc16@xxxxxxxxxxxxxxxx>
- To: <ql06@xxxxxxxxxxxxx>
- Date: Sat, 24 Jan 2004 08:33:27 -0500
Court upholds restaurant rating system
Rejects claim that signs are unconstitutional
ROBERT CRIBB
STAFF REPORTER
TORONTO STAR
Jan. 24, 2004
The City of Toronto has the right to post health inspection results in
restaurant windows, a court has ruled.
Toronto's rating system for food establishments, launched in 2001
following a Star investigation, does not infringe on the rights of
restaurateurs, the Ontario Divisional Court said in a ruling released
yesterday.
The ubiquitous signs posted at the entrance to all of the city's food
establishments — green for pass, yellow for conditional pass or red for
fail — became the subject of a legal challenge by restaurant owners
three years ago.
They argued that the system was "unreasonable," unconstitutional because
of "vagueness and over-breadth" and amounted to "forced expression."
Not so on all counts, a three-member panel decided.
In a 21-page decision, the judges dismissed the claims and ordered the
Ontario Restaurant Hotel and Motel Association, which launched the suit,
to pay court costs of $30,000 to the city.
"We find no evidence of any actual harm occasioned to any restaurant
operator," the judgment reads. "We do not find the salutary effects of
the (disclosure system) to be illusory, as the applicant states. We
find, rather, that the salutary effects of the legislation far outweigh
any perceived compelled expression protected by (the Charter of Rights
and Freedoms)."
Terry Mundell, president of the association, said his organization is
disappointed by the decision.
"You're always disappointed when you go through a lengthy, costly
process. But you need to be careful and get a full and thorough review
of the decision. Our solicitor is going through it and we need to talk
to our board of directors before we make any decisions."
Councillor John Filion (Ward 23, Willowdale), chair of the city's board
of health and an early champion of the rating system, said he was
pleased, but not surprised, with the decision.
"I think it was pretty clear that we had the authority. I never
understood their position in the first place because the rating system
has restored public confidence in the cleanliness and safety of
restaurants in the city of Toronto, which is good for the restaurant
industry. Why they would be fighting us on it is beyond me."
Prior to the city's disclosure system, 30 per cent of food premises
passed their first health inspection. Currently, more than 88 per cent
get a green pass on their first inspection.
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