Condos forced to toss out foolish diaper rule by OHRT
I hate rules.
It's not that I'm too good to follow rules, but I bristle having to follow dumb rules, rules with no real rationale.
That's why I admire Michelle Pantolianio, a young mother who challenged a dumb rule at her Toronto condominium building.
In the summer of 2008, Michelle took her 10-month-old daughter, wearing a bathing suit over a swim diaper, in her building's outdoor swimming pool.
The lifeguard told Michelle children under the age of two years old were prohibited from the pool. So Michelle left and called the property manager for clarification.
Not having heard back from the property manager, she attempted the same daring feat about two weeks later.
Again the lifeguard told Michelle to remove her daughter. She complied, but undeterred -- and still not having heard from the property manager -- Michelle brought her daughter to the pool a third time, about one week later.
This time, the property manager came to the pool and explained he had no choice but to enforce the building's rule. There was no attempt to justify the rule. Michelle was told she could petition the condo board to change the rule.
Try that in a building housing mostly older adults over the age of 65.
Instead, Michelle filed an application with the Ontario Human Rights Tribunal (OHRT ), claiming discrimination based on family status.
As you might imagine, that caused something to hit the fan. The President's Report in the next condo newsletter referred to "anti-social behaviour" of "residents who are inconsiderate of their neighbours and who consistently break the rules."
You might think a legal challenge of the swimming-pool rules would have warranted the consideration of whether the rules were scientifically justified. Instead, a meeting of all condo owners was called to consider changes to the pool rules.
As a sign of the small minds that seem to occupy some condo boards, the notice for the meeting wrongly stated the meeting had been made necessary due to a resident having refused to exit the pool with her 10-month-old baby after having been asked to do so by the lifeguard.
Michelle had exited the pool promptly on each occasion.
For those unaware, the notice also added the mother had registered a complaint with the OHRT and was seeking monetary compensation. That couldn't poison the atmosphere against the mother, could it?
Not surprisingly, the owners voted down any changes to the rules. The ban on children under the age of two in the pool remained, with the owners cheering the announcement of the vote result.
Toronto Public Swimming Pool - News
The ruling, released about three months ago, impacts all condo buildings, apartment buildings, public swimming pools and resorts with swimming pools. Condo boards shouldn't look at this decision as impacting only their pools.
The ruling, released about three months ago, impacts all condo buildings, apartment buildings, public swimming pools and resorts with swimming pools. But condo boards shouldn't look at this decision as impacting only their pools.
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