Watch your mouth: Essex council looking into foul language ban in public parks

Essex town council passed a motion Monday night commissioning a report which would propose steps to minimize bullying in public spaces — meaning visitors to Essex parks might soon need to watch their language.

As part of the report, the town's community services director Doug Sweet will be required to suggest ways to discourage the use of foul language in local parks and recreational facilities.

Deputy mayor Richard Meloche tabled the motion after learning of incidents of verbal abuse and bullying that took place in Essex.

"It all started with one incident that I had heard about. But once I went public with it and asked for something to be done, then I heard of other incidents that have happened," he said.

The motion initially focused solely on public parks, but council expanded the scope of the report "because bullying shouldn't be allowed anywhere," according to Meloche.

Despite council's swift action commissioning the report, Meloche said the document likely won't be tabled until this July, adding he's not certain what kinds of punishment offenders will face for using foul language.

However, he did note removing offenders from parks and banning repeat offenders is a possibility.

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"[A] couple other things that we've recommended as a council is that maybe some of the signage be replaced in the parks," said Meloche.

Essex parks already feature curfew signs — but Meloche suggested additional signs prohibiting explicit language could also be added.

He also suggested anti-bullying and anti-foul language bylaws be drafted to help formalize Essex's position.

Councillors supportive — though some skeptical

For the most part, Essex councillors are supportive of the ban. But not all are convinced that verbal abuse and bullying in public spaces are serious issues.

Essex Ward 3 councillor Chris Vander Doelen said he and his fellow representatives respected the motion — but adds "this is not a serious problem."

"Swearing and bullying in the park. If that's a town's biggest problem, then we really have no problems," he said.

Ward 4 councillor Sherry Bondy said there's been some social media buzz regarding making Essex parks safer, noting some families have even said they don't feel comfortable walking by parks because they feel "intimidated and bullied."

"It's swearing, but it's more than swearing," she said. "It's threats, it's intimidation, we've heard of stolen scooters … vandalism."

Bondy added the town needs to take a "holistic approach" to address the issue.

A ban on foul language might produce similar results to bans on smoking in public places, said Bondy.

"Since we put the smoking bylaw in place, you see people giving that dirty look," she explained.

"We're going to ask for community watch now, and so when we see that happen, parents can get together and say 'This isn't acceptable.'"

Constitutionality unclear

Still, if Essex were to institute a formal ban on swearing, some of the town's more impolite residents might be able to rely on an unlikely document to defend their language of choice — the Canadian Charter of Rights and Freedoms.

According to University of Windsor law professor Richard Moon, "swearing is protected expression under section 2(b) of the Charter."

At the same time, however, Moon acknowledged section 1 of the Charter permits limits "and people to have a right or interest in being free from harassing behaviour in public spaces."

"I'm not sure there is a simple answer to the legitimacy or constitutionality of such bans."