The lawyer representing several Windsor business improvement associations is speaking out over the fight against city hall.
At issue is the legal right of the BIA's to donate money to the group fighting the planned location of the new mega-hospital at County Rd. 42 and the 9th Concession - a location supported by the city.
Richard Pollock says it's a Canadian Charter of Rights and Freedoms violation to not let the BIAs give money to the Citizens for an Accountable Mega-hospital Planning Process (CAMPP) and its appeal against putting the new mega hospital near Windsor Airport.
Pollock has been retained by the Downtown Windsor, Wyandotte Town Centre and Via Italia BIAs.
He says the right to pledge money falls under Freedom of Expression laws.
"The BIAs have expressed their views with respect to the downtown core and the planning process by donating a very small, but important amount to express their opinion on development in the City of Windsor and planning," says Pollock. "That's a right that's protected by the Charter of Rights and Freedoms and that is at stake in this matter."
He says the BIAs fully fund their budgets through member contributions and should be able to spend the money as they see fit.
"Remember that these are not taxpayer dollars. These are funds that the BIA membership has paid for themselves. They're not spending other people's taxes. They're spending their own money to protect their own interests to advance a very important cause and that is the cause for good planning," says Pollock.
He says the BIAs are just following their mandates.
"They are simply promoting their business district by advocating for a planning process that includes a major hospital in their area," says Pollock. "That's important for business and that's why the BIAs are willing to cooperate with the city in order to get the result that's in the best interest of the city and in the best interest of their memberships."
City solicitors claim that giving funds to CAMPP is a violation of the Municipal Act, as it doesn't allow for donations or pledges to a third party appeal of a zoning matter elsewhere in the city.
The issue was deferred at Monday night's council meeting and will now be discussed at a June 3 meeting.
In the meantime, city administration is meeting with each BIA individually to discuss the issue.