Comedian Fined $15K For Insulting Lesbian Couple

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Comedian, Vancouver restaurant ordered to pay for insults against lesbian

VANCOUVER -- A Toronto comedian and Vancouver restaurant owner were ordered to pay $22,500 by a B.C. Human Rights Tribunal on Thursday after the standup comic hurled a torrent of sexual insults at a woman and her same-sex partner during a comedy show three years ago.

Amateur standup comedian Guy Earle has been ordered to pay $15,000 to Lorna Pardy, 32, who filed the complaint last year after she and her lesbian partner were taunted at Zesty’s Restaurant on Commercial Drive on May 22, 2007. Restaurant owner Salam Ishmail has been ordered to pay her $7,500.

Earle told The Vancouver Sun Thursday night he will appeal the decision.

Pardy filed a complaint in 2007, claiming she was discriminated against on the basis of her gender and sexual orientation in contravention of the Criminal Code. She said Earle directed homophobic and sexist insults at her when she was a patron and he was the master-of-ceremonies at an open mike comedy show at the restaurant.

In his ruling, tribunal member Murray Geiger-Adams said Earle repeated vulgar language in public and attacked Pardy’s identity and dignity as a woman and a lesbian.

“His attack showed every sign of being calculated to inflict as much damage as possible, in as short a time as possible, on her greatest vulnerabilities,” he wrote in the decision.

Geiger-Adams ordered Earle and Ishmail to pay a total of $22,500 for lost wages and for injury to dignity, feelings and self respect.

Earle’s lawyer Jim Miller had argued during the hearing that his client was entitled to freedom of artistic expression under the Canadian Charter of Rights and Freedoms. Earle had also claimed that the couple heckled him while he was on stage and that Pardy threw a drink in his face.

Pardy denied she was heckling him and said Earle pointed at them and told the audience they were sitting at the “dyke table.”

She said Earle went on to describe lesbian acts involving her and her partner that shocked and embarrassed her.

She said she booed him in an attempt to shut him up and this caused him to leave the stage and come to their table where he loomed over her, swearing and asking her derogatory questions.

Pardy testified Earle’s tone was “angry and condescending” and she felt threatened.

She told the tribunal she didn’t want him near their table so she picked up a glass of water and threw the water in his face.

As she was leaving, she said Earle intercepted her, took the sunglasses from her head, broke them and threw the pieces on the floor.

In an email to The Sun Thursday night, Earle said “the findings are not factual and the events are laid out wrong.

“I never said anything hurtful to them or treated them badly after I got off the stage,” Earle wrote. “I didn’t say the things they said I said. They harassed me out the door to my car and out into the street.”

Earle called Pardy’s accusations “bold-face lying for the sake of a cash grab” and said he and his lawyer will take the matter to B.C. Supreme Court.

Charles Demers, a Vancouver-based comedian, writer and political activist, said the case sets an unsettling precedent for comedians.

“This ruling is going to have an impact on professional comics who are now going to have a harder time starting up in new venues,” Demers said.

“They’re going to have a harder time getting restaurants and bars to start up comedy nights because now [the restaurants and bars are] going to be worried that they’re on the hook.”

But while Demers is concerned about free speech as it relates to his profession, he said he considers himself “as much invested in the fight against homophobia as in the fight for comedy,” and wouldn’t want to align himself with someone making hateful, homophobic comments.

“I’ve never been heckled by someone and said, ‘What’s their sexual orientation, or what’s their racial origin?’” he said.

“I’ve dealt with hecklers in ways that are not hateful to whatever group they visibly come from.”

Donovan Mahoney, a Vancouver-based comedian and promoter, said the topics of race and sexual orientation are only successful when approached intelligently.

“If you say something mean to somebody, it doesn’t matter what format it’s in, it’s mean, and people see through that,” Mahoney said. “Mean spirited stuff, I’ve seen people do it and I kind of cringe, because in my mind, comedy is very smart. A good comic is smart.”

Comedic performer Ruven Klausner said while Earle might have offended and embarrassed Pardy, he doesn't believe Earle violated her human rights.

“He might have violated her sense of entertainment, but we all have to endure that sometimes when we go to comedy shows,” Klausner said with a laugh.

“I just believe it's one of those situations where, if you don't like it, leave.”

Klausner also found it worrisome that the case could discourage business owners from having live entertainment.

Gregg Scott, who did standup for several years, said it seemed Earle’s biggest mistake was that he wasn’t funny.

“For a good comic, a heckle can be an opportunity for creating new comedy,” Scott said.

“If the response was an attack, or perceived as one, there still are a number of approaches to take before slandering — [such as] being funny.”
 
It sounds as if the "comic" was an asshole, but I'm not sure if this was worthy of a fine given to him and the restaurant.

Possibly assault charges if the sunglasses part is true... but this is overkill.
 
^ Agree. If you don't want to be heckled by a stand-up comedian, don't go see a stand-up comedian.

Now if they want to fine him for not being funny...
 
What if he said to some African Americans "you're sitting at the n word table" and started to describe them in certain terms? Is there a line and what is it? I assume he wouldn't do that (maybe I'm wrong) so why is "dyke table" ok?

I completely agree, if you don't want to be heckled don't go see a stand up comedian. But it raises questions.

I don't know how far that freedom of artistic expression/Charter Of Rights and Freedoms thing allows them to go in Canada.
 
Living in Canada I can really say that I think that Charter has gone too far. Now, employers quote 'inability to descriminate against older people yet' younger qualified applicants are being denied work.

IMHO it is a bit of a dog and pony show.

And what happned to 'artistic liscence'? Personally, I fell their should be some venues or outlets where there is no hold barred for the sake of art.
 
What if he said to some African Americans "you're sitting at the n word table" and started to describe them in certain terms? Is there a line and what is it? I assume he wouldn't do that (maybe I'm wrong) so why is "dyke table" ok?

Same thing. He'd be a racist asshole, but do we want to fine every racist asshole?

Although that would be some good revenue in times like these :hmm: hell the GOP would get us out of debt in no time.

Let me rethink this... :wink:
 
Just hearing his portrayal of the story its obvious that they provoked him. That of course was removed from the story.

What? First of all his claim that they heckled him is in the story.

Secondly how is it obvious that they provoked him?

This isn't a he said, she said story at this point?
 
Well actually that case pertains to this. He was involved in an artistic performance. Just like Christian Bale. When you are accessing your brain on that level sometimes bad shit comes out.

But serioulsy, their should be one outlet in society that allows the artist to speak fully and truthfully without censorship.
 
there are public venues where one can say hateful things against gays, religions and other minorities without fear of recourse
 
The issue isn't so much his right as a performance artist to say offensive things as his right to direct them at particular individuals; whether and when that becomes a kind of criminal harassment. But heckling is so routine a part of standup comedy that I'm finding it difficult to see much merit in the plaintiffs' argument. Does it matter if a comedian appears to have stopped trying to be humorous and descended into (arguably) flat-out verbal harassment for noncomedic purposes at some point? Or is he automatically covered throughout the event by its being billed as an artistic performance, and that designation is not to be questioned.

Surely there must have been eyewitnesses, other attendees, waitstaff etc. It can't literally be he-said, she-said.
 
The issue isn't so much his right as a performance artist to say offensive things as his right to direct them at particular individuals; whether and when that becomes a kind of criminal harassment. But heckling is so routine a part of standup comedy that I'm finding it difficult to see much merit in the plaintiffs' argument. Does it matter if a comedian appears to have stopped trying to be humorous and descended into (arguably) flat-out verbal harassment for noncomedic purposes at some point? Or is he automatically covered throughout the event by its being billed as an artistic performance, and that designation is not to be questioned.

Surely there must have been eyewitnesses, other attendees, waitstaff etc. It can't literally be he-said, she-said.

Exactly!

I just can't imagine anyone saying "it's obvious" just by hearing someone's personal account of the situation.

This case will be a he said, she said until we hear eyewitnesses' accounts. To my knowledge no one in the media has reported those.
 
Well actually that case pertains to this. He was involved in an artistic performance. Just like Christian Bale. When you are accessing your brain on that level sometimes bad shit comes out.

But serioulsy, their should be one outlet in society that allows the artist to speak fully and truthfully without censorship.

Michael Richards was offensive, and he reaped the whirlwind.

At the same time, comedy by its nature is supposed to push buttons, tweak noses, and sacrifice sacred cows. South Park, Family Guy, The Office, Richard Pryor, George Carlin, Sam Kinison, SNL, ... all of these (and many more) have been ruled "offensive" at one point or another. I don't like the idea of getting fined for being offensive; is it illegal to offend someone? Who defines that?
 
Or, at times, "talk radio." Or "cable news."



agreed.

sometimes, that's where people from "church" go to preach to people who they don't see on Sundays. but they use the "my religion tells me it's cool to view some groups as subhuman" excuse which seems to also apply on "talk radio" and "cable news" -- as these formats present them as totally reasonable counterpoints and not at all representatives from hate groups.
 
agreed.

sometimes, that's where people from "church" go to preach to people who they don't see on Sundays. but they use the "my religion tells me it's cool to view some groups as subhuman" excuse

To be fair, religion is not the only bludgeon that can be used to rule someone sub-human. Almost any political issue can be framed in such a context as to dehumanize the other side. But your point is well-made.
 
To be fair, religion is not the only bludgeon that can be used to rule someone sub-human. Almost any political issue can be framed in such a context as to dehumanize the other side. But your point is well-made.



i totally agree, but what makes religion unique is that it pretends to have unique access to cosmic, eternal, unquestionable rules and dictates that cannot ever be appealed to a higher authority, because all this comes from the highest authority.
 
I doubt a man who repeatedly and publically yells abuse like "fucking cunts," "stupid cunts," "stupid dykes," "fucking dyke cunts," "stupid fucking bitches," and "fucking stupid dykes" at a lesbian couple, then for good measure grabs and breaks one of their sunglasses, learned that routine in church. He might or might not have originally imbibed those attitudes from people who happened to be religious, but this is straight-up macho-asshole behavior; the way a certain kind of very, very small man reacts when he feels his authority is threatened. (He sure shut them up good!!) To be straight, or male, or white in our culture is to be aware on some level that you always have these weapons at your disposal, not without some risk to your reputation as Michael Richards discovered, but they do have their applications.
 
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I doubt a man who repeatedly and publically yells abuse like "fucking cunts," "stupid cunts," "stupid dykes," "fucking dyke cunts," "stupid fucking bitches," and "fucking stupid dykes" at a lesbian couple, then for good measure grabs and breaks one of their sunglasses, learned that routine in church. He might or might not have originally imbibed those attitudes from people who happened to be religious, but this is straight-up macho-asshole behavior; the way a certain kind of very, very small man reacts when he feels his authority is threatened. (He sure shut them up good!!) To be straight, or male, or white in our culture is to be aware on some level that you always have these weapons at your disposal, not without some risk to your reputation as Michael Richards discovered, but they do have their applications.

It's tough being a stand-up comic. If he can't handle getting heckled, and must resort to such behavior, then perhaps he should look into another line of work. Grave-digging, for example -- he's certainly dug his own.
 
this is straight-up macho-asshole behavior; the way a certain kind of very, very small man reacts when he feels his authority is threatened.



agreed. the church comment was an aside to this discussion.

really, what we're dealing with is the fact that homophobia is always really misogyny.
 
really, what we're dealing with is the fact that homophobia is always really misogyny.

Can't quite make that jump (misogyny is its own unique beast, I think), but this activity (like Michael Richards' before it) feels like an expression of intense self-hatred and self-loathing, for which stand-up comics are particularly notorious.
 
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