(Flickr)

B.C. man, banned from swing dance club, fails to get human rights hearing

Man took issue with the Vancouver Swing Society banning people for inappropriate behaviour

The B.C. Human Rights Tribunal won’t reconsider its refusal to hear a Vancouver man’s complaint that his dance club banned him for being “creepy,” and discriminated against him on the basis of age, sex and race.

Mokua Gichuru asked the tribunal to rethink a 2017 finding that the Vancouver Swing Society “has a right to ban individuals for inappropriate behaviour, regardless of sex, age or any other characteristic.”

Gichuru claimed new evidence from a club member’s March 2017 Facebook post supported his request for reconsideration because he said it revealed the swing club refuses to consider harassment complaints raised by men and won’t listen to “a man’s side of the story.”

The post, about unrelated sexual assault allegations made two years earlier against an international dance instructor who was black, said the choice to stand with the victim included banning the abuser, a reference Gichuru argued was aimed at him, an older, black man.

But tribunal member Walter Rilkoff disagreed that the Facebook post refers to Gichuru or that it supports an allegation that the dance club does not fairly handle complaints of harassment.

Gichuru initially complained that he was accused of “mansplaining,” or explaining something in a condesending way, and was unfriended on Facebook by a club member after posting an opinion about United States politics, but the exchange degenerated to complaints he had harassed a female club member.

After those details surfaced, Gichuru was banned from volunteering or attending swing society events for the rest of that year, leading to his first appeal to the tribunal and its refusal to consider his case further.

“From the information you provide, older men are allowed membership within (the Vancouver Swing Society) without restriction,” Rilkof says in his decision release Feb. 1, 2017.

“It appears your harassment complaint did not proceed and you were instructed not to attend events on Nov. 19 and Dec. 3, and perhaps indefinitely, due to what (the club) viewed as inappropriate behaviour,” Rilkoff says, adding the club has the right to make that ruling.

Following Gichuru’s second application, Rilkoff agreed to examine what the man said was new evidence from the 2017 Facebook post, but he again found it did not support an allegation of “blatant stereotyping” of older, black men interacting with younger women.

“The club wanted Mr. Gichuru to consider his role as an older man in his conduct toward (the victim,)” Rilkoff says.

“Mr. Gichuru believes that this stereotypes him as a ‘creep.’ However, the material he provides does not support this belief.”

The decision says Gichuru “has not alleged facts which, if proven, could be a violation of the code.”

Beth Leighton , The Canadian Press

Just Posted

Norma Stewart joins Langford council

Stew Young beats challenger Robert Fraser

Rob Martin is the new mayor of Colwood

Martin will be joined by four new faces on council

West Shore voters run to the polls in the final minutes

Approximately 4,500 votes cast in Colwood

Results are in for the District of Metchosin

Ranns to serve another term as Metchosin mayor with two new council members

Two new faces on the Sooke School Board

Bob Beckett and Allison Watson become SD62 trustees

B.C. Youtuber to seal himself ‘in a jar’ to demonstrate impacts of climate change

Kurtis Baute wants to see how long he can last in a 1,000 cubic foot, air-tight greenhouse

POLL: Do you support amalgamation for communities in the Capital Region?

Residents in Victoria and Saanich will be voting on Oct. 20 on… Continue reading

Crime Stoppers most wanted for Greater Victoria for Oct. 19

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

One of Taiwan’s fastest trains derails, killing at least 18

The train was carrying more than 360 people

Scheer marks one-year countdown to federal election with campaign-style speech

Conservative Leader insists that it will be Justin Trudeau who ‘makes it personal’

B.C. VIEWS: Residents have had enough of catering to squatters

Media myth of homeless victims offends those who know better

B.C. man sets new Canadian marathon record at Toronto Waterfront Marathon

Cam Levins ran it in two hours nine minutes 25 seconds

B.C. Liberals’ hopes high as Nanaimo by-election approaches

Historically safe NDP seat vacated by long-time MLA Leonard Krog

Most Read