You can’t refuse people entry based on race: BCCLA

VANCOUVER (NEWS1130) – The BC Civil Liberties Association says it’s very interested in a story News1130 brought you yesterday about a nightclub bouncer accused of racial profiling in Vancouver. The group tells us private businesses are restricted in how they can refuse access.

Some clubs say they have the right to refuse anyone for any reason. But Executive Director David Eby says that’s not entirely true. “You are not allowed under British Columbia law to refuse people access on the basis of age, race, and gender.”

“So when you put all of these things together… the only way you are allowed to refuse someone entry is if they are unable to pay the cover charge,” he explains. “And sometimes places have dress codes that wouldn’t be based on age or race.”

Age, of course, being over 19. “You can’t have a young-persons-only club,” Eby adds.

“They can remove people for being drunk, for causing a disturbance,” he tells us. “But what’s protected by law is pretty clear: You can’t remove someone for their political opinions, race, age, or gender.”

But how intoxicated someone is can be hard to prove.

“You often end up in a situation where it’s one person’s word against another,” says Eby. “We often ask ourselves ‘What possible benefit would someone have with bringing forward a complaint of racism or discrimination?’ Especially given the potential recriminations they could face in their employment or at home.”

“We tend to think that when people bring these complaints forward, they should be taken seriously, because it is a big deal to do that,” he adds.

Eby hopes last weekend’s incident will be investigated, and is encouraging people who feel they’ve been denied access or re-entry based on their race to contact one of their case workers.