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The Comfort Zone FIGHTS BACK!
Toronto nightclub sues city for harassment
The Comfort Zone files $11-million lawsuit over alleged 'insidious' campaign to put it out of business
KIRK MAKIN
From Monday's Globe and Mail
March 9, 2009 at 4:25 AM EDT
A Toronto nightclub linked to the drug overdose death of a patron - The Comfort Zone - is suing the City of Toronto and Councillor Adam Vaughan for $11-million over what it alleges is a systematic harassment campaign aimed at putting it out of business.
The lawsuit also asks the Superior Court of Justice to order the city and police to put a stop to constant inspections, searches and attempts to intimidate the club's owners, staff and patrons.
"The stated and clear objective of the defendants is to permanently shut down The Comfort Zone as part of a deliberate vendetta and targeted plan - orchestrated and carried out by the defendants and others - to rid the downtown core of selected businesses, including The Comfort Zone," said a statement of claim drafted by veteran civil litigator Marvin Huberman. It alleges that, notwithstanding attempts by the club owners to maintain a strong security presence and do everything possible to co-operate with authorities, The Comfort Zone has been subjected to "an insidious and unlawful campaign" to run it out of business.
Located on Spadina Avenue near College Street, the club is thought by police to be the place that 26-year-old Andrew Fazio obtained and ingested drugs before he collapsed and died at his home in January, 2008.
Police quickly began telling the press that the club was a haven for drug sales, gang activity and organized crime, the lawsuit alleges.
"To date, this very serious, defamatory, inflammatory and unfounded accusation has not been substantiated - nor have any charges been laid against The Comfort Zone in that connection," it says.
In an interview yesterday, Mr. Huberman said that officials have a legitimate right to try to curtail illegal or questionable conduct, but they have to keep within the law when they do so and avoid maliciously abusing their powers.
"Our position is that they have crossed the line in an egregious fashion," he said. "What they are doing constitutes an abuse of power and unlawful interference with economic relations.
"This is a response to a war on selected downtown Toronto nightclubs and restaurants," Mr. Huberman said. "A legal battle must be waged within the bounds of the law, and combatants must comply with certain rules of engagement."
Three months after Mr. Fazio died, the lawsuit alleges that 100 police officers rampaged through the club as part of Operation White Rabbit.
"During the raid, the police force stormed into The Comfort Zone, using sledge hammers to destroy surveillance equipment, smash electronics and communications systems, causing damage to the premises and property located thereon," it said.
"Steel door frames were kicked down, cash was removed from registers, tip jars and patrons' pockets, without charges being laid against most of the people involved."
Ever since then, the lawsuit alleges, the club has been subjected to repeated visits and charges under provincial licensing laws from Toronto police and licensing agencies.
Mr. Huberman said in the interview that other nightclubs and businesses in the entertainment district have apparently been subjected to episodes of harassment, "but none of them as selectively as The Comfort Zone."
The lawsuit specifically alleges misfeasance in public office, abuse of public office, unlawful interference with economic relations and conspiracy to defame and injury.
It accuses Mr. Vaughan, a councillor representing Ward 20 (Trinity-Spadina), of conspiring with authorities and spreading injurious rumours about the ownership of The Comfort Zone.
Mr. Vaughan said in an interview that he "inherited the file" and that any enforcement measures predated his arrival on council.
He also said that The Comfort Zone draws attention to itself through Internet postings.
"They haven't been singled out for special enforcement," Mr. Vaughan said.
"A number of charges are outstanding and when the dust settles, we'll all have a good sense of what's going on then."
No statement of defence has been filed. None of the allegations have been proven in court.
http://www.theglobeandmail.com/serv...al_gam_mostview
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Good for them! Will they win? Probably not... But good for them!
lol
| quote: |
| Originally posted by jon jon Del can we make this thread members only? |
| quote: |
| Originally posted by DannyPINK He also said that The Comfort Zone draws attention to itself through Internet postings. |
| quote: |
| Originally posted by jon jon No doubt this thread will turn into exactly that.... |
| quote: |
| Originally posted by jennypie Lol, oh brother. |
Yup it's gonna be like the old CZ thread.
I wonder if comfort zone could actually win this court battle.
| quote: |
| Originally posted by jon jon I was just in the middle of moving that to PM when you quoted me... (as I figure it negates the point if I write it publicly in the first place...) Why "oh brother"? You don't think the police read threads like these? Vaughan just said they did lol |
| quote: |
| Originally posted by jon jon Why "oh brother"? You don't think the police read threads like these? Vaughan just said they did lol |
oh shit... that's a lot of money
But I agree with Chem. it probably wont go anywhere
should prolly get activists against raiding CZ with banners walking in circles trippin on those bad bad bad drugs
| quote: |
| Originally posted by jennypie Because you're a cunt. |
they have shopping carts at CZ now?
http://www.flickr.com/photos/mutephotoblog/3341022432/
Ya i dont think it will go anywhere, or the settlement will be signifcantly less.However if it did go to court it would be an intresting case on both sides, I think if CZ can support its claims they could have a chance of getting something out of it. (I know we have some people here that know quite abit about law and stuff, i look forward in hearing your opinions.) At the end of the day smart move IMO, this ceritanly helps them keep the doors open, and makes a point.
I dont think it will go anywhere either. I think the fact that there was quite a bit of stuff found in the first raid will make the courts less sympathetic to their claim
There isn't an icecube's chance in hell this suit will get taken seriously.
Never underestimate the powers of good lawyers in litigation.
yay for free publicity!
Good for them. I never heard of the lawyer involved in this case though. Is he any good?
| quote: |
| Originally posted by Yohan yay for free publicity! |
I thought comfort zone was a Church!
someone tricked me into going...damn
lol!
sketchiest club in the city to file a lawsuit..... OKAYYY.
| quote: |
| Originally posted by dast sketchiest club in the city to file a lawsuit..... OKAYYY. |
this website is sketchier then all the clubs in Toronto combined
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