THUNDER BAY – Hockey nets won't be back at the City of Thunder Bay's outdoor rinks for at least two more weeks, after being yanked by staff worried their presence was encouraging violations of Ontario's lockdown rules.
Mayor Bill Mauro's push to reverse that decision was blocked at city council Monday, despite winning clear majority support.
Councillors voted 9-4 to adopt his motion to bring back the nets along with a plan for greater enforcement, pending review by the Thunder Bay District Health Unit.
However, the motion couldn't find the two-thirds support needed to ratify it for immediate implementation, partly because one supportive councillor left the meeting prior to the ratification vote.
Instead, supporters had to beat a retreat and defer ratification by two weeks, by which time it may be a moot point: Ontario's lockdown could end three days later, on Feb. 11.
The procedural wrangling, which took around two hours and involved several re-votes, left councillors sometimes confused, and ultimately frustrated.
“We argued for two hours for nothing,” concluded Coun. Albert Aiello.
City staff began removing hockey nets from outdoor rinks on Jan. 21, apparently at the suggestion of the health unit.
Staff were concerned over reported violations of lockdown regulations that prohibit team sports on outdoor rinks, limit the number of people on the ice to 25, and require two metres of distancing be maintained at all times.
Mauro joined many residents in calling for the nets to be put back the next day, saying the city's response was overly punitive.
Many were enjoying the nets while respecting the rules, he said Monday, arguing the city should do more to enforce them before taking away badly-needed recreation opportunities.
“We haven’t been doing our compliance effort,” Mauro said. “If we can’t get people to adhere to [the rules], I’ll be the first person to put up my hand to say we’ve got to close the rinks completely.”
A lack of clarity over exactly what advice the health unit had given the city clouded Monday’s decision.
Parks manager Cory Halvorsen told councillors it was his understanding that on Jan. 20, the health unit required the city to pull the nets.
By contrast, medical officer of health Dr. Janet DeMille said Friday the agency didn't issue any mandatory orders.
“This wasn’t a directive from the health unit to remove the nets,” she said. “It was more of a collaborative discussion with the city on different options they might have to reduce [violations].”
That uncertainty left some councillors uncomfortable.
“We’re going by anecdotal conversations here,” said Coun. Trevor Giertuga, who suggested direction from health authorities should come in writing.
City administration maintained removing the nets was simply a case of following provincial regulations.
According to Ontario's lockdown regulations, outdoor rinks "may only open if... team sports are not practised or played [and] sports that are likely to result in individuals coming within two metres of each other are not practised or played."
General manager of development services Mark Smith said that left little room for interpretation.
“The order is clear,” said Smith. “In my mind, replacing nets on rinks will not augur in support of compliance… I don’t seek to defend the order. I’m thinking in terms of, can we comply with [it]?”
Several councillors pushed back, saying that interpretation of the rules was unreasonable and inconsistent.
“There are other examples of city services we’re offering in the community right now that are a much greater risk than outdoor hockey," said Mauro. "And yet, this is the one we seem to have landed on.”
“These rules are becoming very arbitrary and nonsensical,” said Coun. Shelby Ch’ng. “Who's going to stand up and say, this is really not making sense?”
Others, however, worried the motion set a dangerous example that it's possible to choose which public health advice to follow.
“It goes against the advice of the health unit, the advice of our staff, [and] the regulations of the province,” said Coun. Mark Bentz. “I think we’re overstepping our bounds, in some ways.”
“Yes, it’s painful, things don’t make sense for many people, and there are contradictions out there. But I don’t believe the city should be viewed as facilitating team sports when we’re being told public amenities shouldn't be.”
A vote to ratify the decision was unable to reach the two-thirds threshold of nine votes required under council rules – largely because two supporters, Ch’ng and Coun. Brian Hamilton, left the virtual meeting prior to the ratification vote (Ch'ng later returned and was included in a re-vote).
Council proceeded to vote instead to defer ratification by two weeks, to Feb. 8.
