Sparks Street wrong to stop free shirt giveaway, bylaw says - Action News
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Ottawa

Sparks Street wrong to stop free shirt giveaway, bylaw says

A Sparks Street spokesman cited a city bylaw to explain why he shooed away a local artist who wanted to give away T-shirts, but it turns out the mall got it wrong.

Sparks Street official told local artist Andrew King to move because he hadn't sought pre-approval

Andrew King designed this T-shirt to celebrate Ottawa. He handed out 50 of them for free on Friday, after he was forced off Sparks Street. (Chlo Fedio)

There is no bylaw in Ottawa thatforcessomeone to notify Sparks Street in order to give away free T-shirts unless they usea booth but street officials seem to have misread the rules.

Ottawaartist Andrew King announced on Twitter that he'd be on Sparks Street givingaway "Ottawa 2017" T-shirts from a duffel bag at noon last Friday.

But before King could begin handing out the shirts,Sparks Street official Kevin McHaleasked him to move off the street because he hadn't sought prior approval.

On Monday, McHaleexplained to Robyn Bresnahan, host of CBC Radio'sOttawa Morning, that he likes to know about everything that's happening on Sparks Street, including construction projects and events.

He said hedid not know about the T-shirt giveawaybefore spottingKing on Friday.


"I would have loved to partner up on something like that. I hadn't even noticed it on social media," McHale said, adding that Friday was chaotic on Sparks Streetbecausemany restaurants chosethat day to setup their patios for the summer.

McHale's intervention fuelled a backlash on social media, and even spawned asmall protest on Saturday.

Sparks Street wrote a letter in response to the backlash and distributed it on social media. The letteradmitted McHalewould have to review the bylaw to ensure he understood itcorrectly.

CBC Newscontacted the city to obtainthe pertinentbylaw, the "Use and Care of Roads By-law 2003-498." The bylaw reads:

"Handing out items for free is allowed as long as the person does not encumber the roadway and doesn't set up any sort of stand (or even a box or two) on the street to conduct the distribution from.People can hand items out for free from a backpack or a hand held bag.And because the items are free. No licensing requirement exists."

As it turns out, Sparks Street had no right to stopKing from giving away the Ottawa 2017 T-shirts on the street.