People who volunteer time and energy to fight causes because they care about the well-being of their communities should pay close attention to recent developments in Elora.
Costs awarded in a divisive issue that has split township residents serve as a warning to citizens who might end up in court when they challenge ill- conceived decisions by councils or school boards.
Whether taxpayers are struggling to keep a neighbourhood school open or opposing a development that could locate an obnoxious industry in a residential area, the intimidating message coming out of Centre Wellington Township is crystal clear -- chill out or pay the price.
And the price for any neighbourhood activist once costs are awarded can include hefty debt, loss of credit rating or inability to qualify for a mortgage or loan.
That's the position 110 members of the Centre Wellington Citizens' Coalition find themselves in after courts ordered them to pay $86,040 in costs when they lost a long, bitter struggle with their township and county councils.
Costs were awarded after the civic-minded group went to the Ontario Municipal Board and courts in an unsuccessful attempt to prevent a horse-racing track complete with 200 insidious slot machines from moving to Elora from Elmira.
Coalition members now have six months to pay costs and, until that happens, each of them is responsible for the entire $86,040.
Since the costs were ordered and subsequent appeals were rejected, I have talked to several Kitchener-Waterloo residents fighting municipal issues who are having second thoughts about their participation because they can't afford to suffer the financial consequences faced by Elora coalition members.
And I'm certain people taking part in similar struggles in other Ontario municipalities share those concerns.
Whether you agree or disagree with activist groups, few would question that their members care deeply about quality of life and have a right to oppose local-government decisions without fear of punitive costs.
Because of the important democratic principles involved, legal costs in this type of municipal issue have often been forgiven when a ratepayer group loses a court case. At best, rulings on costs have been inconsistent.
The Elora case surfaced when buck-hungry provincial politicians directed municipalities with horse-race tracks to pass bylaws to permit addictive slot machines, which have been described as the crack cocaine of gambling by critics.
Elmira made an admirable decision to oppose slots and forfeited $1 million in taxes as the raceway trotted down the road to Elora, where most councillors welcomed the development which will open in 2003.
Coalition members then lost a series of court struggles to stop the raceway, and mean-spirited councillors insisted they pay court costs.
Coalition spokesman Paul Haefling told me he sees the risk of court costs as a threat to those who want legitimate access to justice.
"This is a failure of democracy (and) we're concerned groups will now resist challenging important issues that should be challenged," he said.
Councillors should consider those words and, before they pursue costs, contemplate the priceless benefits of a democratic process where people feel comfortable about participating in local-government issues.
Unless they do their part to safeguard those benefits, the chilling, dangerous costs of the Elora case could be far greater than $86,040.
Frank Etherington can be reached at 894-2250 ext. 2608. You can reach him by e-mail at fetherington@therecord.com
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