Ted Kindos, of Gator Ted’s Tap and Grill, has filed a federal court application asking that people permitted by Ottawa to use marijuana for health reasons remain subject to provincial laws. He wants the court to declare he doesn’t have to serve such users when doing so would violate the Ontario Liquor Licence Act, putting him at risk of losing his business. The act says he can’t serve anyone possessing a banned substance.

“You can’t put somebody above the liquor licence act – that’s ridiculous,” Kindos said yesterday of an Ontario Human Rights Commission ruling against him last year, saying a disabled person has a right to be served even if doing so breaks provincial laws.

Last month, Ontario Government Services Minister Ted McMeekin sought to clarify rules on prescribed marijuana use, asking federal Health Minister Leona Aglukkaq for a meeting on the issue. Four years ago, customer Steve Gibson was smoking a joint outside Gator Ted’s when Kindos asked him to move from the doorway.

Gibson, who smokes to control pain, complained to the rights commission that Kindos discriminated against him as a disabled person.

The commission said Kindos must pay Gibson $2,000, and post signs in Gator Ted’s and on his website saying, “We accommodate authorized marijuana users.” He was set to comply when he learned of the liquor act prohibitions.

Once again, Kindos just doesn’t like marijuana and is looking for any way to avoid compliance with the Human Rights Commission’s order.  Medical marijuana is not a “banned substance” for the Health Canada-approved user, so I don’t even see how the provincial liquor law makes any difference at all, even ignoring the fact that Canadian federal law supersedes Ontario provincial law.