J.A.K.K. Tuesday's Sports Pub Fighting for Freedom
Kellys speech at 2:00 (video timestamp) https://www.facebook.com/druthers.net/videos/236343505175452
Police Forcefully Enter Jakk Tuesdays at 5am
https://www.facebook.com/druthers.net/videos/402655287999578 CALL TO ACTION
Kingston police entered the J.A.K.K Tuesdays Pub at 5:30am Nov 13 th and forced evacuation and lock changes based on an illegal section 22 closure and an illegal interim court order for closure. This was done only because Kelly refused to require masks and vaccine passports from his customers because to do so would be a violation of their right to privacy and informed consent and the right to be treated equally and it would construe criminal acts against them i.e., threats of lost services, extortion, and inciting hatred.
There is no state of emergency since June 9 2020
There was no outbreak of COVID-19 at J.A.K.K. Tuesdays
Therefore no immediate risk necessary to use section 22 of the Health Promotion and Protection Act.
On Nov 11 th and 12 th , 2021 the Superior Court of Justice issued a police enforcement of a section 22 closure. This interim order should never have been issued in the first place because 1. We are not in the state of emergency and 2. no evidence of immediate risk was given for the 22 closure or the injunction and 3. the 22 closure is under appeal as of Nov 5 th . The Judge lied in the reason for the interim stating that no appeal of the 22 was filed by Kelly prior to Nov 12 th . Public health and the sheriff’s office witnesses and Kelly testified at the Nov 12 th hearing that an appeal had been filed. In fact, on Nov 12 th Kelly got notice that his appeal of the 22 closure order was to be heard Monday Nov 15 th . At 5:30am police used force to evacuate the pub and change the locks.
September 22 nd Kelly received 2 bylaw tickets for refusing to require his customers to ware a mask and prove vaccination status or service refused. He has requested a hearing for these tickets.
October Kelly’s liquor license was revoked because of the above mention bylaw tickets for not enforcing masks and vaccine passports. This was done even though he appealed the tickets and has not yet been given a hearing. His main arguments are if he enforces these bylaws on mask and vaccine passports he will be breaching the rights of customers and committing crimes against them under the criminal code and forcing him to enforce the law with such consequences is a violation of his common law right to enjoy property and to be treated equally by the law and to be treated as innocent until proven guilty.
On Nov 3, 2021 the City revoked Kelly’s business license and issued a section 22 closure order under the Health Protection and Promotion Act without identifying the immediate risk at J.A.K.K. Tuesdays. They used the 2 outstanding tickets as reason to close the pub even though the cause for the bylaw tickets was not immediate risk and no other immediate risk was identified and the tickets were under appeal.
On Nov 5 th , Kelly filled an appeal of the 22 closure.
On Nov 5 th captured a recording of Kingston Public Health confirming that there was not a breakout of Covid-19 at JAKKs and there never had been.
On Nov 11 th , Kingston Public Health issued an interim injunction sought from the Superior Court of Justice to close JAKKs without notice to Kelly so he could participate. This was done illegally because they are not supposed to use court orders when the 22 closure order is under appeal. And contrary to the Rules of Civil Procedure this initial interim court order contained instruction to use force to change the locks. Orders of the Superior Court are too be issued first without police enforcement and then if no compliance, it is escalated to police enforcement.
On Nov 12 th with 2 hours notice, Kelly was served with an application by Kingston Public Health to attend a hearing at 1:00pm for a judge to give further instructions about use of force in the Nov 11 th order to change locks. At this hearing Kelly testified that there was no initial cause of immediate risk given for the Section 22 closure. No evidence of immediate risk stated in closure paperwork or the injunction paperwork and there is in fact no immediate risk. As well Kelly submitted by way of affidavit a recording of Kingston Public Health stating that as of Nov 5 th there was no outbreak of Covid-19 and no historical break outs. And Kelly testified that we are not in a state of emergency in Ontario as of June 9/21. A witness for the Kingston Public Health and another for the police testified that Kelly had appealed the 22 order and Kelly confirmed that he appealed the 22 closure order. With this knowledge there is no immediate risk and an appeal of the 22 closure order with no request for an exertion of time the court should have withdrawn the injunction that should have never been issued in the first place because no evidence of immediate risk was given to the court and the matter was under appeal before the application was made for the court order of Nov 11 th and Nov 12 th .
On Nov 12 th Kelly also received 9 days notice for a hearing Friday Nov 19 th for permanent injunction with police enforcement. It should have been 10 days notice.
On Nov 12 th Kelly received notice that his appeal of the 22 closure will be heard Monday.
WHAT KELLY NEEDS
My good friend Kelly Hale, owner and operator of J.A.K.K Tuesdays Sports Pub in Kingston is under attack. Myself and Jane Scharf have been providing Kelly with legal support and many other dedicated freedom fights have been helping him by coming to his pub for a meal after his liquor license was taken because of refusal to enforce masks and vaccine passports.
Kelly has undertaken to fight this to the finish and has shown great courage by refusing the mask and vaccine passport requirements to his customers. And because of his courage and dedication he has a large group of supporters. The supports have been regularly attending his pub and have meals and make donations of money or time to support him. This helps make up for the lost revenue from liquor to help him make up the loss of liquor sales. Because there is no liquor Kelly was happy to host children of all ages. Groups also held events and on Friday we had Freedom Friday. Great people and great atmosphere.
Now we need to help Kelly win this battle by helping him keep his business. We need to help distribute information of what is happening on social media and flyers. And we also need to pitch financially to help him maintain his business.
We are the many, they are the few. It is through mutual aid and voluntary cooperation that we will win this war against communism. Let us help our brother Kelly pull the plug on the public health overreach.
His total monthly expenses, including rent, hydro, heat, equipment payments and personal income is approximately $16,000 per month.
His intentions are to pay as much of these expenses himself from the revenues from a food truck operation once it’s set up. He will continue in this manner while he goes through the various hearing processes to get his pub back!
**NOTE** All donations go directly to Kelly's fund, managed solely by him.