Swing removal in Calgary yard about protecting city against liability, says professor

Orderinga swing removed from the front of a Bridgeland home is more about avoiding liability for the city than acting as the fun police, a law professor said Thursday.

MartinOlszynski,aprofessor at the University of Calgary who specializes incivil matters, toldAlberta@Noonthatthe city was merely protecting itself against potential legal action when it told a family to remove a swing theybuilt.

"In this instance it sounds like the swing was probably perfectly safe and built really well, but it might not be in other instances," he said.

"Or maybe if it is near the sidewalk, near a street, there might be some kind of incident where someone falls onto the road and is injured. So I think the city is trying to make sure it's not exposing itself to unnecessary legal risk."

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Set up a few weeks ago by the McMillansisters Reilly,11, and Gracie, 8the swing hangs from a treeon thepatch of grass between the family's yard and the curb, which iscity property.

A bylaw officer knocked on the door last week to tell mom Ali McMillan that it had to be removed after a complaint was made.

"They actually got the idea from the Free Little Libraries that are around our neighbourhood and they thought this could be a swing everybody could use," she said.

Tree's health also a concern

"They went to Home Depot and they selected the rope and did the research on how to hang it in the tree and what knots to use then they went in the garage and cut the wood and built the swing themselves."

Neighbourhood kids gather at the home most mornings before school, added Ali, and it gets used nearly daily.

"I think it's kind of sad.It's just for fun," she said.

"I wouldn't put up something unsafe because my own kids are on it."

A photo submitted to 311 with the complaint shows the swing, but Alipointed out it also showsa large crack in the sidewalkwhich she feels is just as much of a liability.

Along with the safety of those using the swing, the rules are about the health of the tree, saidJeanette Wheeler, an urban forestry lead for city.

"One swing maybe doesn't seem like a problem but when we start getting lots of people attaching the swings, now we've got other issues and it starts to escalate the damage," she said.

"But at the same time there are many parks and playgrounds ... where people can go and enjoy and have a swing."

With files from Alberta@Noon