Sparks Street wrong to stop free shirt giveaway, bylaw says
Sparks Street official told local artist Andrew King to move because he hadn't sought pre-approval
There is no bylaw in Ottawa that forces someone to notify Sparks Street in order to give away free T-shirts — unless they use a booth — but street officials seem to have misread the rules.
Ottawa artist Andrew King announced on Twitter that he'd be on Sparks Street giving away "Ottawa 2017" T-shirts from a duffel bag at noon last Friday.
But before King could begin handing out the shirts, Sparks Street official Kevin McHale asked him to move off the street because he hadn't sought prior approval.
On Monday, McHale explained to Robyn Bresnahan, host of CBC Radio's Ottawa Morning, that he likes to know about everything that's happening on Sparks Street, including construction projects and events.
He said he did not know about the T-shirt giveaway before spotting King on Friday.
"I would have loved to partner up on something like that. I hadn't even noticed it on social media," McHale said, adding that Friday was chaotic on Sparks Street because many restaurants chose that day to set up their patios for the summer.
McHale's intervention fuelled a backlash on social media, and even spawned a small protest on Saturday.
"What's wrong with a free shirt, Sparks Street BIA?" Small protest staged <a href="https://twitter.com/hashtag/ottnews?src=hash">#ottnews</a> <a href="https://t.co/RdacZzcwwZ">pic.twitter.com/RdacZzcwwZ</a>
—@cfedio<a href="https://twitter.com/OttawaMorning">@OttawaMorning</a> So today's takeaway from Mr. McHale is: Don't EVER be spontaneous on Sparks St. <a href="https://twitter.com/hashtag/Ottawa?src=hash">#Ottawa</a>
—@EugeneHaslam<a href="https://twitter.com/OttawaMorning">@OttawaMorning</a> Sparks Street doesn't need a micromanaging parent ensuring that it gets its nap. It is not a toddler it is a public space.
—@komputernikAn example of a busy <a href="https://twitter.com/SparksStreet">@SparksStreet</a>-organized event which <a href="https://twitter.com/twitandrewking">@twitandrewking</a> would've "disrupted". <a href="https://t.co/XZ5446T5Lp">pic.twitter.com/XZ5446T5Lp</a> cc <a href="https://twitter.com/OttawaMorning">@OttawaMorning</a>
—@Scott_GilmoreSparks Street wrote a letter in response to the backlash and distributed it on social media. The letter admitted McHale would have to review the bylaw to ensure he understood it correctly.
Our response and promise regarding <a href="https://twitter.com/twitandrewking">@twitandrewking</a> 's t-shirt giveaway <a href="https://t.co/vryo83uqIQ">pic.twitter.com/vryo83uqIQ</a>
—@SparksStreetCBC News contacted the city to obtain the pertinent bylaw, the "Use and Care of Roads By-law — 2003-498." The bylaw reads:
"Handing out items for free is allowed as long as the person does not encumber the roadway and doesn't set up any sort of stand (or even a box or two) on the street to conduct the distribution from. People can hand items out for free from a backpack or a hand held bag. And because the items are free. No licensing requirement exists."
As it turns out, Sparks Street had no right to stop King from giving away the Ottawa 2017 T-shirts on the street.