(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

Metchosin construction site closed for police investigation

Closure believed to be linked to something found at DND site

Federal government announces over $115 million to Royal Canadian Navy

Defence Minister Harjit S. Sajjan was at CFB Esquimalt to announce missile system upgrades

Victoria woman sets date to swim the Strait of Juan de Fuca

Susan Simmons will attempt to be the first to swim the Strait twice starting Saturday afternoon

Victoria Police arrest man in relation to indecent act at Beacon Hill Park

The man is known to police, and is facing three charges

New 84-unit seniors housing in Saanich constructed to Built Green standards

Mount Doug Manor an example of Built Green on a big scale

PHOTOS: B.C. city wakes up to darkness under wildfire smoke

The rest of the province also dealing with thick haze as smoky skies continue

RCMP nab prolific car thief after month-long, B.C.-wide search

A province-wide warrant was issued for Brian Robert Stephan in June for a litany of offences

Five things to do in Greater Victoria this weekend

Puppy yoga, horses, cars, water guns and more make up this weekend’s list of events to see

First long-awaited Cyclone lands near Victoria airport

Military helicopter first of nine to come to Saanich Peninsula base

Saanich teen takes her karate skills onto the world stage

National champion Olivia Brodie will compete at the 2018 Junior Pan-American Karate Championships

Court sides with developer in Jumbo ‘substantially started’ dispute

Resort developer successfully argues 2014 decision that halted the project was unfair

Canada’s tax system unfairly favours wealthy, poll of CRA auditors suggests

Four of every five respondents think loopholes and tax credits built into the system benefit the rich

Banff’s Sunshine ski resort upset with proposed guidelines from Parks Canada

The plan would allow for more visitors but wouldn’t let Sunshine build additional facilities

Most Read