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Page: Profile: Wren's Nest News Local
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Article: 14647

[Legal]

Date Posted: 12/31/2005 9:38:30 am EST
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Rights body steps into world of sexual quirks

Author: Ian Mulgrew Source: The Vancouver Sun

Title: Rights body steps into world of sexual quirks
The complainant says Vancouver police discriminated against him
The B.C. Human Rights Tribunal will investigate sexual practices involving "bondage, discipline and submission, sadism and masochism" to determine whether a self-described pagan was discriminated against by the Vancouver police department.
In a preliminary 18-page ruling issued Thursday, the tribunal said there may be merit in Peter Hayes' complaint that he lost a potential limo driver's job when a police officer refused him a chauffeur's permit seemingly because of his religious beliefs and sexual preferences.
Lindsay M. Lyster, who wrote the decision, said she wasn't completely sure of the "precise nature of Mr. Hayes' lifestyle, practices and preferences, nor the parties' use of the term BDSM (to refer to bondage and discipline, domination and submission, sadism and masochism) or other related terms," but it sounded like he had a legitimate beef.
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Community Thoughts: There are 8 comments posted | Reverse Sort |
| Energy Tools Or Lifestyles & Legal Tests | Jan 3rd. at 4:49:48 pm EST
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Terry (Irvington, Virginia) - Email Me - Web

Ultimately, the issue here is very simple.
BDSM is little more than a few related families of physical and spiritual rituals for moving energies.
As such, they inherently fall within religious rights for anyone who takes them seriously.
They exist as specific religion for some people [Web LINK] , or as core elements of religion for others. In those cases, they meet the same types of detailed, analytical legal tests found to qualify a vegan diet for religious rights protections in the 3rd Circuit prison diet litigation over the last 7 years (back and forth between courts and additional rounds as wardens try to evade court orders) , or at least should if US courts operated honestly.
[Web LINK]
993072 01/05/00 DEHART v HORN DeHart v. Horn No. 993072 - 09/08/00 DeHart v. Horn No. 034250p - 11/16/2004 Robert Perry Dehart v. Martin Horn No. 034250p - 11/30/2004
[Web LINK]
Of course, US courts often fail their own legal standards, while many people engage in BDSM practices less seriously. Just like many aspects of pagan religions which for different people may or may not result in the same outward acts being religious or not, it's impossible to tell from distant observation whether BDSM is legally a religious right for one person or not for another. That cannot be determined without privacy violations. As such, the only valid assumption for cops or courts, also necessary to enforce equal protections for the non-religious, is that any energy moving practices are matters of civil or human rights, for everyone, and that if individual cops or judges have a problem with that, perhaps they should change professions (or be helped to do so ASAP) . The same goes for all government officials, elected, employed, or contractor, plus those operating private businesses with quasi-government obligations, like "public accommodations", employers, etc.
Find More info -- HERE
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| Sounds Like Repression. | Dec 31st. at 5:01:15 pm EST
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bigcat (peoria, Illinois) - Email Me

Whatever happened to innocent until proven guilty? While I admit that there is much to this story still left unsaid, basing a decision to deny someone either a job or a permit upon rumor only is definitely wrong. One can also bet, that those who denied the permit may have more than a few skeletons in their own closets that might be very detrimental if others knew. There may indeed be a good reason to deny someone-- but to depend on rumors and hearsay instead of truth is to deny someone their rights without due process. We already have enough people more than willing to do just that. And as for the bedroom rumors-- what goes on between two or more consenting and legal adults is really nobody's business.
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| Wait A Minute.. | Dec 31st. at 1:15:10 pm EST
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Jeff Kincaid (Lynchburg, Virginia) - Email Me

Doesn't our man Kerr work for Vancouver PD? Now, I rather imagine VPD is a big dept, but I find it odd that the dept that employs the world's most famous Pagan Police Officer is being accused of discriminating against a Pagan. There is more to this, and I suspect, more to this "self -described" Pagan than meets the eye. we have all seen flakes, freaks and weidos that call themselves Pagan, Wiccan, even Satanist...and really are anything but.
Jeff
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| Submission | Dec 31st. at 12:01:47 pm EST
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Ahr-Ohn (Bridgeport, Connecticut) - Email Me

"At the VPD, Hayes said the officer on duty, Kevin Barker, kept him waiting 90 minutes while serving five other people, including two who arrived after him."
If they know they're going to refuse, they might want to handle faster cases first, but they're also wasting someone's time.
"Eventually, Hayes maintained, Barker took him to a small room, asked why he was wearing black clothes and told him he was being denied the permit because a woman in 2003 suggested he was involved in a cult."
While I'd tend to agree with the VPD take on John Norman Fans, I'd expect the on the job conduct to be regulated by his employer. Why is Rumor being accepted in Character Analysis, beyond his being associated with a person who'd say such things?
"Hayes said Barker wouldn't give him many details, except to say the concern had to do with paganism, Wiccan magic as well as role-playing, master-slave sexual practices. He added that he was told he posed "an extreme risk of recruiting passengers/customers into my cult during my work hours if I were granted the chauffeur's permit."
Mother Theresa couldn't work as a Chauffeur, on those grounds. In fact, The Military is a cult, and no Veteran could work on the Police Force.
Denying a person licsence to do business, on the basis of secret accusations is a poor way to do business.
Arawn
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| Smokescreen | Dec 31st. at 10:44:14 am EST
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Lora (Leominster, Massachusetts) - Email Me

As near as I can tell, the whole issue of whether or not the Vancouver PD discriminate against people dressed in black, or what the one officer's sentiments are regarding non-Christian religions, have absolutely nothing to do with why he is not getting a chauffeur permit. The real issue is, they are denying him a permit merely on the accusation of a crime (not sure what the cult-running laws are in Canada, here cult leaders are usually guilty of racketeering or fraud) for which he has never even been questioned, let alone arrested, formally indicted or convicted. Is the legal system in Canada drastically different from the US? Do they do something other than "innocent until proven guilty"?
All things considered, American chauffeurs are expected by their clientele to have connections to the local drug dealers, know where to find the best call girls, and be on first-name terms with the bouncers at the hippest nightclubs. I should think being a member of a BDSM group would be a plus on your resume.
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