Parking lot sign

By: Mike Anderson

A local garden centre has dropped its controversial policy of prohibiting children inside its store, opting to permit only one shopper per family instead.

The move follows online complaints from parents who viewed the Georgina Garden Centre’s policy of denying their children entry, which has been in effect on and off since the start of the pandemic, as discriminatory.

“I think it’s discrimination, bottom line,” said Victoria, a Sutton resident and mother of three, who’s decided to boycott the business.

Victoria said her sister, who wanted to buy some pansies, was turned away from the store last month because she had her 4-year old daughter with her.

“It seems ludicrous that children shouldn’t be able to go into a garden centre,” she said.

“Every other garden centre in the area can handle a line-up, can handle children. What if a single mom shows up there with her new baby? What is she supposed to do? Be humiliated? Go back to her vehicle?”

Georgina Garden Centre (GGC), located at 2297 Old Homestead Rd. in Keswick, recently removed signs that stated children were not permitted; replacing them with signs that say: “Because of a limited capacity of 10 shoppers in-store at one time only one shopper per family will be allowed.”

The change was announced in an email to its customers and posted on its Facebook page on April 30.

“We at GGC have elected to maintain our COVID-19 policy, which limits the number of shoppers into the garden centre at any given times. As a result, only one shopper per family will be permitted into the store at a time,” the announcement reads.

Replacement sign

According to Mike Johnson, the garden centre’s owner, children were prohibited from the store to ensure the health and safety of his employees and customers.

“It’s one of the toughest policies we’ve ever had to do. But it’s our job to keep people safe,” said Mr. Johnson, who spoke to The Post on April 29.

“There’s no reason children should be going into the store right now. They come into the store, and they just want to run around. They touch things they shouldn’t touch.”

According to the Retail Council of Canada, retailers are within their rights to set entrance restrictions; the example often cited is: “No Shirt, No Service.”

Still, they must be careful not to cross a line. If the restrictions are deemed discriminatory under the Ontario Human Rights Code, they could face penalties, including fines.

“Retailers should control entry into their premises in ways that are reasonable and not discriminatory,” the RCC website states.

According to the Ontario Human Rights Commission (OHRC), a policy that denies parents with children entrance to a retail store may be discriminatory under the Ontario Human Rights Code.

“Business should make sure any restrictions on customers, including parents with children, are consistent with up to date information from medical and Public Health officials and are justified for health and safety reasons,” Adewonuola Johnson, Issues and Media Relations Officer for OHRC, said in an email to The Post.

“The OHRC’s Policy and guidelines on discrimination because of family status state that restrictions on services to children that have the effect of restricting the access to services for their parents may discriminate on the basis of family status.

Ontario’s Human Rights Code prohibits discrimination on the basis of family status in services, goods and facilities. This includes, but is not limited to places like malls, stores and restaurants.”

The Post asked York Region Public Health to comment on the legality of a store owner denying entry to parents with children due to concerns that the children may spread the virus.

However, Patrick Casey, Director of Communications for York Region, said that “York Region Public Health does not comment on a business’s policy outside of the legislative requirements.”

The requirements for businesses are outlined in the Reopening Ontario Act and Emergency Management and Civil Protection Act — none of which grant retailers the right to prohibit children from entering their stores, unless they are not wearing a mask or face covering “in a manner that covers their mouth, nose and chin.” However, children under the age of two are not required to wear a mask or face covering.

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