Tribunal rules on homophobic jibes

A comedian has been ordered to pay almost £10,000 to an alleged heckler, after he hurled a torrent of insults based on her sexuality.

The ruling from a Canadian human rights tribunal could have a serious impact on what comedians say on stage – as it concluded that the need to control hecklers was no excuse for discriminating against someone based on their sex and sexual orientation.

However, the incident went beyond banter as drinks were thrown and sunglasses broken in the heat of the encounter.

Lorna Pardy, 32, launched the lawsuit after she and her lesbian partner were taunted by ‘homophobic and sexist’ insults at a stand-up night being compered by Guy Earle in Vancouver in 2007.

The venue’s owner was ordered to pay Pardy a further £5,000 for the ‘angry and condescending’ insults she received at the open mic night. In his ruling, tribunal member Murray Geiger-Adams said Earle attacked her identity and dignity as a woman and a lesbian.

Earle's lawyer had claimed the comedian – who admitted he was offensive – was entitled to freedom of expression after the couple heckled him and threw a drink in his face. Pardy said she only did that after he laid into her.

Pardy said she was shocked and embarrassed by the stand-up saying she was sitting at the ‘dyke table’, swearing and asking her derogatory questions.

The couple had not gone to the venue with intent to watch the open-mic comedy show, but they were moved by staff to a table near the stage when an outdoor patio at the restaurant, Zesty’s, closed.

The tribunal concluded that they did not heckle or otherwise disrupt the performance, but when Earle saw Pardy’s partner give her a kiss, he twice directed ‘virulent’ insults at her

The ruling went on: ‘Mr Earle also angrily left the stage twice to confront Ms Pardy’s group. Each time she threw a glass of water in his face and told him not to approach their table. When Ms Pardy later went to the washroom to compose herself, Mr. Earle cornered her on her return, continuing to physically intimidate and verbally abuse her. He grabbed and broke her sunglasses, and dropped them to the floor at her feet.

‘Mr Earle submitted that it was his job to engage disruptive patrons to quiet them. However, the Tribunal found no evidence of any rational connection between this and attacking a patron’s sex or sexual orientation on or off the stage… There were measures available to accomplish the purpose of ending any disruption of the show well short of attacking Ms Pardy’s sex and sexual orientation.

‘None of the witnesses testified that Mr. Earle was telling “jokes” and there was no evidence that he was using comedy to expose the stereotypes of others.

‘The discrimination had a significant physical and psychological effect on Ms Pardy, which was supported by unchallenged medical evidence. This was aggravated and prolonged by public statements made by Mr. Earle about her, which falsely portrayed her as a drunken heckler and instigator.’

Even before yesterday’s ruling, the human rights case affected comedians working in the area, with one club manager saying they had become ‘more careful about their interaction with the crowd’.

Published: 22 Apr 2011