Kindos
has already spent nearly $20,000 of his own cash,
and estimates he could spend upwards of $150,000 more
fighting an Ontario Human Rights Commission complaint
launched by Steve Gibson, who is licensed to smoke
marijuana by the feds to manage the chronic pain of
a neck injury that has kept him out of work since
1989.
Fighting
the case, which will be heard by the province's Human
Rights Tribunal in May, could send Kindos' business
into bankruptcy and is playing hell with his health,
he said.
"If
this thing goes to the tribunal, that's it, we're
done. Our restaurant is done," he said. "We've
already been told we can't win.
"I
had a heart attack at 38. I've already had a quadruple
bypass. The business pretty well killed my dad (who
died of a heart attack at 48 in 1991) and now, with
all this stuff going on, it's killing me ... I'm under
so much stress right now."
Even
Canada's own Prince of Pot, Marc Emery, said common
sense and reason are paramount in this issue to effectively
balance everyone's rights.
"I
don't see people with insulin bringing their syringes
out in the middle of restaurants and giving themselves
injections," Emery, who is facing a 10-year jail
sentence at the U.S.'s behest for selling marijuana
seeds, said from his home in B.C., noting that since
Gibson was drinking alcohol at the time of the Burlington
incident in 2005, he could have ingested the cannabis
via an alcoholic tincture that would have been just
as effective and more discreet.
"It's
important, when you're a minority, to appear to be
reasonable about your needs and requirements,"
he added. "Clearly, it's an imposition on businesses
to have to monitor the quality of certain smokes outside
their front door. That's unreasonable. When you're
balancing your rights against the rights of others,
there is a certain sense of reasonableness required."