Boxing Day brawl leaves plenty of bruises

Sault Ste. Marie's Battle of Boxing Day is apparently over, but the btterness remains.

"It's probably the best outcome, but what I'm dissatisfied with are the bitter feelings out there in the people who became so very emotional over this issue," said Ward 3 Councillor Pat Mick after council voted 7-4 against a proposed bylaw that would have forced local stores to close on Boxing Day.

Mick believes the issue has again been put to rest but Mayor John Rowswell isn't so sure.

The mayor insists that retailers are still prohibited from opening on Boxing Day because of a proclamation he made at Council's last meeting two weeks ago.

"The proclamation stands," Rowswell said after recording Councillors' votes on the proposed by-law.

The mayor advised Council that he'll be seeking outside legal advice after Assistant City Solicitor Nuala Kenny said Monday night that a mayoral proclamation can't be legally enforced without a bylaw supporting it.

"I think this has more to do with the history of the {Municipal} Act changing," said Rowswell. "As the mayor or the head of council I might not share the same opinion as some of my councillors and / or my legal staff. I do believe that there are other legal opinions," the mayor said.

And Councillor Mick had a problem with the mayor's wish to second-guess the City's own legal staff.

"I don't think he needs to, there are three lawyers in the room. I hope he's not spending municipal money in doing so," said Mick.

Those in favour of the proposed bylaw that would have forced Boxing Day closures were the Mayor and Councillors David Celetti, Jason Collins, Steve Butland, and Frank Manzo.

Opposed were James Caicco, Jody Curran, Terry Sheehan, Pat Mick, Neil DelBianco, Lou Turco and Debbie Amaroso.

Ward 4 Councillor Bryan Hayes, one of two councillors who spearheaded the Boxing Day closure bid, was away on business.

Council defeated the proposed bylaw after hearing a strong appeal to maintain the staus quo from Eric Mosker, retail store manager at Matt Lawless's Canadian Tire Associate Store on Great Northern Road.

The store was selected in October 2002 from among more than 400 Canadian Tire dealers to receive the chain's national Award of Excellence.

Council also heard statements from those who wanted to force stores to close, and from the Chamber of Commerce, which took no position on the issue.

Mosker was very happy with Council's decision to strike down the proposed bylaw.

"It's a victory for Sault Ste. Marie and for democracy," he said.

"Two years ago the Council took a brave move and they made the decision to allow people to open and the choice to shop and they stuck to their guns," he said.

Outside Council Chambers, Rowswell reaffirmed his intent to close stores on Boxing Day.

"It's going to be up to the public to either support or not support it on Boxing day by closing or staying open," Rowswell told SooToday.com.

Mosker agreed that the issue needs further assessment by the people of Sault Ste. Marie, but said he believes they would continue to let businesses make their own decisions whether to stay open or close on Boxing Day.

"Because it is such a difficult issue, put it on an election ballot and let the people decide once and for all," Mosker said.

"From an economic and business point of view and the prosperity of Sault Ste. Marie, I think it makes sense to let the people combat a little bit of the cross-border shopping and to see if we can’t make some more investments in Sault Ste. Marie." The issue of store closures on Boxing Day came back to Council after Waqrd 3 Councillor Bryan Hayes and his Ward 6 counterpart Jason Collins asked Council to revisit the issue because of concerns raised by some of their constituents.

For SooToday.com background on the issue, click here and here.