Kelly Hale, owner of the now-closed JAKK Tuesdays sports bar, has been ordered to pay KFL&A Public Health’s legal fees.
This stems from Hale’s appeal of a public health order enforcement — when Kingston Police closed his business and changed the locks.
On Nov. 19, Justice Graeme Mew ordered Hale to pay more than $20,000 to cover the health unit’s continued legal fees, which were actually closer to $27,000.
Global News has obtained Justice Mew’s written decision.
Hale represented himself throughout the legal action. He argued against being closed down because he felt he would be “breaking other laws were he to enforce the public health measures.”
Hale said asking his customers to provide health details and other personal information would be breaching “privacy and human rights legislation.”
The judge disagreed and decided against Hale’s appeal.
“The respondents have repeatedly and openly flouted the rule of law,” Justice Graeme Mew wrote. “None of the litigation that has occurred should have been necessary.”
Hale argued there was no proof that any cases of COVID-19 were linked to the restaurant, which is why he believed he did not have to follow public health guidelines.
The judge, however, stated that there was no way knowing for sure because contract tracing measures were not implemented.
Finally, Hale argued that forcibly removing him from the establishment was a “draconian” and excessive measure.
“Nothing short of making such an order has been effective in preventing the respondent from breaking the law,” Mew said. “Drastic though the remedy may have been, it has worked.”
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In the end, Justice Mew didn’t side with Hale on any point.
“Mr. Hale and his business have to be held accountable, at least to the extent that the law on costs permits,” Mew said.
Hale was ordered to pay the fees within the next 30 days.
Hale first made news in early September, when he placed a sign on the restaurant’s marquee stating he wouldn’t comply with public health orders surrounding COVID-19 proof of vaccination requirements.
“I’m just doing what’s legal,” Hale told Global News in Sept. “Not doing something illegal like the government is asking me to do by asking you for your personal medical information when you come into my restaurant.”
He also repeatedly told Public Health officials he would continue to do as he pleased, even as they issued warnings to him.
Less than a month later, the Alcohol and Gaming Commission of Ontario suspended JAKK Tuesday’s liquor license. It was eventually revoked in November. The City of Kingston revoked the restaurant’s business license as well.
On Nov. 3, Public Health issued a Section 22 order, which is given when customers visiting an establishment are at risk of contracting and spreading COVID-19. The Section 22 order included having the restaurant close its doors and placing placards on the premises to indicate it would be closing.
Then on Nov. 12, an additional court injunction was given to Public Health that permitted them to enter the restaurant and change the locks.
But despite all that, JAKK Tuesday’s continued to operate until the morning of November 13th, when a Public Health Officer along with Kingston Police and a locksmith showed up to evict Hale from his Progress Avenue business.
Hale and several other protesters had slept in the restaurant to avoid that very situation. The night prior, Hale was surrounded by supporters and given a standing ovation for standing up to Public Health, Kingston Police and the City of Kingston in the name of freedom.
Global News reached out to Hale for comment but a response was not received by the time of publishing.
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