Banana Chucker Charged for Trespassing


Spade
#1
Banana-tossing NHL fan fined $200 - Windsor - CBC News

I understand tossing a banana was a foolish and thoughtless act. But trespassing? If he had eaten the banana, could he have been charged with destroying evidence. I don't understand the charge if he were a valid ticket holder.
 
lone wolf
+1
#2  Top Rated Post
Does this outlaw teddy-bear tosses?
 
TenPenny
+1
#3
Yes, I don't understand the 'trespass' charge. Littering would be more appropriate, but I guess they want to use trespass so they can ban him from the arena.
 
Spade
#4
Quote: Originally Posted by TenPennyView Post

Yes, I don't understand the 'trespass' charge. Littering would be more appropriate, but I guess they want to use trespass so they can ban him from the arena.

If I buy a ticket to an Aether Islanders game and pop a breath mint while in my seat, am I trespassing?
 
lone wolf
+1
#5
...only if you're cheering for the other team
 
Spade
#6
Quote: Originally Posted by lone wolfView Post

Does this outlaw teddy-bear tosses?

What about hat tricks?

Quote: Originally Posted by lone wolfView Post

...only if you're cheering for the other team

Never! I'm a homer!

Isn't a game ticket a contract guaranteeing entry to the arena?
 
lone wolf
#7
Someone played the race card. Shouldn't a piece of fried chicken or watermelon been tossed for that?
 
Spade
+1
#8
I cannot comment on whether the banana were a racist gesture, but what about squid and octopus? Sushi N E 1?

NHL = No Hucking 'Llowed?
.................................................. .........................
Checked a popular prayer...

Forgive us our trespasses..."

Perhaps the defence did not apprise the Crown of this exhortation?
 
ironsides
+1
#9
They can always join the (WCPCA).

Pumpkin Chunkin39 - YouTube

 
Spade
#10
As a lad of 6 or 7, I used to cut across old man Keeny's yard to put pennies on the railroad tracks. The flattened pennies went further in a slingshot. Never was charged with trespassing.

Trebuchets are grand! Could pitch a cow quite a distance!

 
TenPenny
#11
Quote: Originally Posted by SpadeView Post

Isn't a game ticket a contract guaranteeing entry to the arena?

Definitely not, read the fine print.
 
Spade
#12
Apparently, the "fine" print is $200 CDN.

Tort and retort!
 
damngrumpy
+1
#13
Trespassing is the order of the day for public venue incidents. It is implied when you
purchase a ticket to a game in a public forum you are also expected to behave in a
respectful manner etc, etc, and if there is nothing else they use the trespass charge.
That also allows them to keep you out of the venue for as long as they like with having
to get a court order. This has been around for decades. Nearly four decades ago I
used to do play by play hockey in the junior leagues and they used trespass for
behavioral problems back then. It is a little used loophole but it works.
 
Spade
#14
Good Gawd, damngrumpy makes sense.
 
Cannuck
+1
#15
It would appear that the crime was that he threw something they didn't like onto the ice. I've never been given permission to throw a hat onto the ice. I better mind my P's and Q's
 
Spade
#16
Best you do!
 
Spade
#17
Asked a lawyer; (s)he hadn't a clue...
 
PoliticalNick
#18
I'm not sure I understand the trespass charge. Trespass is entering private property without permission with maliscious intent. He may have had the intent but if he had a ticket he had permission to be there. I would think public mischief would be the correct charge.
 
TenPenny
#19
As a typical definition, here is the BC law on trespass:

4 (1) Subject to section 4.1, a person commits an offence if the person does any of the following:
(a) enters premises that are enclosed land;
(b) enters premises after the person has had notice from an occupier of the premises or an authorized person that the entry is prohibited;
(c) engages in activity on or in premises after the person has had notice from an occupier of the premises or an authorized person that the activity is prohibited.





Since everyone who goes to a hockey game is notified that throwing objects on the ice is prohibited, that fits the definition of 'trespass'.

I was curious, so I looked it up.
 
ironsides
#20
To quote the news: "Moorhouse's act was called silly or stupid." That alone is worth the $200 fine. If not his banana was guilty.
 
PoliticalNick
#21
Quote: Originally Posted by TenPennyView Post

As a typical definition, here is the BC law on trespass:

4 (1) Subject to section 4.1, a person commits an offence if the person does any of the following:
(a) enters premises that are enclosed land;
(b) enters premises after the person has had notice from an occupier of the premises or an authorized person that the entry is prohibited;
(c) engages in activity on or in premises after the person has had notice from an occupier of the premises or an authorized person that the activity is prohibited.





Since everyone who goes to a hockey game is notified that throwing objects on the ice is prohibited, that fits the definition of 'trespass'.

I was curious, so I looked it up.

So everyone who tosses a hat after a hatrick should have to pay a $200 fine just to keep consistency in the application of the law. I'm just saying that there have been many caps & octopi & salmon & rats & beers etc etc etc tossed onto the ice and I have never heard of any fines being levied prior to this. I have to wonder if this would have gone anywhere had the player been white or not complained about racial motivation.
 
TenPenny
#22
Quote: Originally Posted by PoliticalNickView Post

So everyone who tosses a hat after a hatrick should have to pay a $200 fine just to keep consistency in the application of the law. I'm just saying that there have been many caps & octopi & salmon & rats & beers etc etc etc tossed onto the ice and I have never heard of any fines being levied prior to this. I have to wonder if this would have gone anywhere had the player been white or not complained about racial motivation.

Well, anyone who does so could potentially be charged. It's up to the arena to decide whether or not to charge people; one person not being charged does not negate anyone else from being charged.
Everyone who goes to a game knows, and is told, that you are not supposed to throw things on the ice.
 
PoliticalNick
#23
Quote: Originally Posted by TenPennyView Post

Well, anyone who does so could potentially be charged. It's up to the arena to decide whether or not to charge people; one person not being charged does not negate anyone else from being charged.
Everyone who goes to a game knows, and is told, that you are not supposed to throw things on the ice.

But the law is supposed to be applied in a consistent manner ergo either all should be charged or all should be allowed to get away with it. Remember all is equal under the law.
 

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