Vancouver protesters warned of arrests if they continue to harass restaurant

Vancouver police have added another wrinkle to their uneasy relationship with residents of the city's impoverished Downtown Eastside, where creeping gentrification is dividing the community.

The VPD has issued warning letters to a handful of the people mounting regular protests outside, Pidgin, an upscale restaurant that overlooks Pigeon Park, a hangout for the neighbourhood's poorest and also its druggies.

Placard-waving protesters have tried to get convince Pidgin's patrons not to eat there and that's led to confrontations. One protester was pepper sprayed last week, though police don't know who did it or why, according to CBC News.

The tension has led the police department to issue letters to some of the protesters — less than 10, according to a police spokesman — warning they could face criminal charges if they impede the restaurant's owners or customers.

The letter spells out a section of the Criminal Code regarding mischief charges for anyone who obstructs or interferes with the lawful use of property. The VPD letter says that includes "shouting, screaming, or swearing at anyone that disrupts public peace or physically blocking any person from freely entering, leaving or staying at any public place."

[ Related: Save-On-Meats sign theft latest attack on gentrification in Downtown Eastside ]

The letter says while the department is "committed to providing an environment that allows for safe and lawful democratic protest; however, the VPD is also committed to ensuring people are not denied the lawful use, or the enjoyment of property."

Pidgin has become a focal point for some residents and anti-poverty activists concerned the the advance of trendy condo developments and restaurants east from nearby Gastown will drive up property values and rents, making the Downtown Eastside unaffordable for its residents.

While Pidgin and other businesses such as Save On Meats — which had a sidewalk sign stolen by so-called anarchists — have been praised for community outreach and providing jobs to locals, it hasn't stopped protesters from picketing Pidgin almost daily. Restaurant co-owner Brandon Grossutti said some of his customers have been abused.

“I saw a 70-year-old couple once get out of a cab, and just get absolutely berated. Screamed at on both sides,” Grossutti told CTV News. “Other times I’ve seen a young couple with a baby in a stroller getting screamed at as they come in.”

VPD said in a news release police began handing out the notices to individuals on Wednesday.

“Most of the protestors we encounter are committed to lawful protest,” said spokesman Const. Brian Montague. “This letter is another tool we are using to facilitate peaceful demonstrations and is intended to notify this small group that their actions could lead to criminal charges.”

The Pivot Legal Society, which advocates for the poor, questioned the police department initiative.

“I don’t see why the VPD would basically pick sides, and say we’re going to take on representing a landowner in this case,” society lawyer Doug King told the weekly Georgia Straight after speaking to one protester who'd been handed a warning notice.

“If the VPD honestly believes that there’s criminal conduct, that’s one thing. But from what I’ve heard about the protests, I don’t see anything that would fit that definition from my interpretation of the law.”

But Montague said the police have a duty to respond “when public safety is at risk and civil disobedience turns to unlawful acts."

Montague said police are planning to arrest someone connected with the protests but would not elaborate.

[ Related: Police accused of targeting street venders in Vancouver’s impoverished Downtown Eastside ]

Protesters say they've done nothing illegal.

“There has never once been anybody prohibited from getting in and out of the restaurant,” a man who identified himself only as “Homeless Dave” told CTV News.

“This is really pressure coming from the local business associations that are trying to protect the perception of the gentrifying businesses in the community, and want to make it a safe haven for the rich customers to come.”

Vancouver police in the past have been accused of harassing and abusing Downtown Eastside residents, including issuing bylaw-infraction tickets many can never pay.