(Flickr)

B.C. man, banned from swing dance club, fails to get human rights hearing

Man took issue with the Vancouver Swing Society banning people for inappropriate behaviour

The B.C. Human Rights Tribunal won’t reconsider its refusal to hear a Vancouver man’s complaint that his dance club banned him for being “creepy,” and discriminated against him on the basis of age, sex and race.

Mokua Gichuru asked the tribunal to rethink a 2017 finding that the Vancouver Swing Society “has a right to ban individuals for inappropriate behaviour, regardless of sex, age or any other characteristic.”

Gichuru claimed new evidence from a club member’s March 2017 Facebook post supported his request for reconsideration because he said it revealed the swing club refuses to consider harassment complaints raised by men and won’t listen to “a man’s side of the story.”

The post, about unrelated sexual assault allegations made two years earlier against an international dance instructor who was black, said the choice to stand with the victim included banning the abuser, a reference Gichuru argued was aimed at him, an older, black man.

But tribunal member Walter Rilkoff disagreed that the Facebook post refers to Gichuru or that it supports an allegation that the dance club does not fairly handle complaints of harassment.

Gichuru initially complained that he was accused of “mansplaining,” or explaining something in a condesending way, and was unfriended on Facebook by a club member after posting an opinion about United States politics, but the exchange degenerated to complaints he had harassed a female club member.

After those details surfaced, Gichuru was banned from volunteering or attending swing society events for the rest of that year, leading to his first appeal to the tribunal and its refusal to consider his case further.

“From the information you provide, older men are allowed membership within (the Vancouver Swing Society) without restriction,” Rilkof says in his decision release Feb. 1, 2017.

“It appears your harassment complaint did not proceed and you were instructed not to attend events on Nov. 19 and Dec. 3, and perhaps indefinitely, due to what (the club) viewed as inappropriate behaviour,” Rilkoff says, adding the club has the right to make that ruling.

Following Gichuru’s second application, Rilkoff agreed to examine what the man said was new evidence from the 2017 Facebook post, but he again found it did not support an allegation of “blatant stereotyping” of older, black men interacting with younger women.

“The club wanted Mr. Gichuru to consider his role as an older man in his conduct toward (the victim,)” Rilkoff says.

“Mr. Gichuru believes that this stereotypes him as a ‘creep.’ However, the material he provides does not support this belief.”

The decision says Gichuru “has not alleged facts which, if proven, could be a violation of the code.”

Beth Leighton , The Canadian Press

Just Posted

Arrests made after pickup collides with two unmarked police cars in Yellow Point

Two men facing numerous charges after allegedly fleeing scene

‘Prolific offender’ pleads guilty to Nanaimo bait car theft charges

Jordan Daniel Plamondon, 27, receives six-month jail sentence

City of Nanaimo staff busy with flurry of FOI requests

City clerk says municipality on track to receive 600 freedom of information requests in 2018

Traffic routes shuffled as roadwork continues

Drive with caution through city roadwork zones or find alternative routes to avoid delays

A Cappella Plus brings all-request show to Vancouver Island Conference Centre

Chorus’ repertoire is entirely composed of past audience suggestions

Nanaimo buses first to get new technology

NextRide technology will help riders pinpoint where buses are and predicted arrival times

B.C. man arrested in cross-border drug smuggling operation

William Milton Barnes of Victoria faces multiple charges

Political heavyweights hit Washington in hunt for NAFTA deal

Officials from Prime Minister’s office, Foreign Affairs Minister Chrystia Freeland part of talks

Greenbelt Microgreens recall in B.C., Alberta, due to Listeria concerns

Canadian Food Inspection Agency says there have been no illnesses linked to the microgreens

Commit to harassment-free environment or forego federal arts funding: Joly

$552,000 coming from feds for training so arts organizations build, maintain respectful workplaces

Aquilini-linked ranch fined $70,000 for storing cranes on farmland

Pitt Meadows council supporting application to Agricultural Land Commission

Minister calls out misogyny, but PM says too soon to talk motive in van attack

Alek Minassian is charged with 10 counts of first-degree murder and 13 counts of attempted murder

Decorated Canadian pairs skaters Duhamel and Radford officially retire

The Ontario duo took bronze in pairs at the Games in Pyeongchang, South Korea

Most Read