Hamilton now says it gave 'improper' order to remove anarchy symbol

Hamilton is now saying it gave an "improper" orderwhen it forced a local anarchist group to remove the circled A anarchy symbol from its headquarters and called it "hate material" similar to the swastika.

Thechange of heart comes two days after a CBCNews report on the bylaw order a move that prompted widespread backlash on social media.

"[Bylaw enforcement] realizes the order was improper in terms of exceeding the scope of its by-law which is intended primarily to address property damage and maintenance and not content of signage," city spokesperson Jen Recine said in an email Thursday.

Now, she said, the city is updating its staff training and themayor says that it's now clear to him that the anarchy symbol is not a hate symbol.

The order came in the wake of an incident in early March, when a masked mob that dubbed itself "The Ungovernables" caused $100,000 in damage during a vandalism spree on Locke Street.

Days later, The Tower the city's local anarchist social centre at Cannon Street East near Victoria Avenue North was also vandalized.

The building's front window was smashed, and afterward, The Tower covered it up with plywood that was painted with the circle A anarchy symbol.

City spokesperson Marie Fitzpatrick told CBC News that on March 16, the city started a bylaw investigation into the symbol being displayed on the wood covering the windows.

"The anarchist symbol is considered hate material by the City of Hamilton and Hamilton Police Serviceand as such, must be removed," Fitzpatrick said in an email earlier this week.

Recine walked that statement back Thursday. She said the officer was acting in accordance with his or her training at the time, but the order itself was improper.

The move comes after an expert in urban social justice issues told CBC News earlier this week that the city's stance seemed like a "constitutional lawsuit waiting to happen."

"Efforts will be made immediately to update our staff training, and communication with the Hamilton Police Service will be necessary for that update with a focus on seeking police assistance or review over concern with matters potentially related to criminal activity," Recine said.

She did not immediately respond when asked if the city no longer considers the anarchy symbol to be a "hate symbol."

When asked about it earlier this week, Mayor Fred Eisenberger said he hadn't seen the image that the city ordered removed, but said he supported city staff in their original determination.

"Certainly the anarchists that have vocally kind of presented themselves have done things that have been inappropriate, so if you tie the two of them together, I would say it's a symbol of destruction and mayhem and causing a crisis in a particular area," he said.

"Is that hateful? I think it is."

Much like the city, however, the mayor walked back his comments on Thursday afternoon.

"Stemming from the senseless acts of violence and vandalism in our city, my comments were a reaction to that hate speech, and the acts of violence, [that] have no place in the city of Hamilton," he said in a statement.

"My earlier comments were based on the belief that city municipal bylaws had been applied appropriately. With additional information, it is clear the anarchy symbol is not a hate symbol and efforts are being undertaken to immediately update staff training."

adam.carter@cbc.ca