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Home : Top Stories : Montreal judge rules Greek flag painting unsafe

Montreal judge rules Greek flag painting unsafe

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CTV Montreal: Herb Luft reports on the flag flap

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CTV.ca News Staff

Date: Thu. Nov. 15 2007 12:38 PM ET

A Montreal municipal judge ruled Thursday that a Greek flag painted on a garage is unsafe, effectively putting an end to a three-year court battle over a display of nationalistic pride.

The judge ruled the blue-and-white painting is distracting to passing drivers and has ordered it to be removed from the double garage door of Theodore Antonopoulos' home.

CTV Montreal's Herb Luft said the judge ruled the flag created "visual pollution" and would have set a precedent for "potential chaos."

Antonopoulos, 42, painted the Greek flag on his Pierrefonds home following Greece's win in the 2004 Euro cup.

Antonopoulos was fined $138 because officials said the painting breaks municipal Bylaw 1047, Article 124.2, which prohibits "a sign that is painted or reproduced on a building, part of a building or a fence."

He has been fighting the city in municipal court since July 2004 claiming his right to freedom of expression has been violated.

Borough lawyers argued Antonopoulos could have hung flags in his windows and that the painting is a permanent fixture that violates community aesthetics.

The judge ruled that Antonopoulos must pay $100 plus cost, which amounts to the same fine he was issued in 2004, Luft said.

Antonopoulos will meet with borough officials next week to discuss how soon he will have to paint over the flag. He will also discuss acceptable alternatives with officials.

"Let's see the time limit and what we can do if they say it's not allowed to be painted. Can we use a sticker? Can we use a flag that is attached onto the building? There are many possibilities," Antonopoulos said outside of the courtroom.

Antonopoulos' lawyer, Jean-Philippe Desmarais, maintained commercial signs featuring scantily clad models pose more of a threat to drivers.

"There are a lot of commercial signs, we believe, that create an aesthetic blight and more confusion for cars passing by," Desmarais said Thursday.

Desmarais believes there are grounds for an appeal and will discuss the possibility of fighting the ruling with Antonopoulos.

He has 30 days to file an appeal.

With a report from CTV Montreal's Herb Luft

Comments are now closed for this story

KEVIN-0
said

THREE YEARS TO MAKE A JUDGEMENT ON A PAINTED
GARAGE DOOR, WHAT A WASTE OF MY MONEY.
WE PAY TAXES FOR THIS.


Get Real
said

Yeah, ummm, my neighbour's garage door is all rusty and chipped and a hideous pinkish colour. Certainly "visual pollution" if ever there was such a thing. Perhaps 3 years in a court room will fix it? Oh, and red, I don't like red doors, could we make those "pollution" too?


Nick
said

I'm sure there wouldn't have been this much trouble for a Canadian flag.

Get over it, the guy is just showing some pride for his heritage.


Jason H.
said

Kevin - the issue that we should be concerned about isn't the cost or the time involved, it's whether we want the government telling us what we can and cannot say. I'm not a huge fan of putting a giant display - flag or otherwise - on ones property, but I vehemently believe that Mr. Antonopoulos should have the right to do so.


Johnson Mapple
said

If the gentleman lives in a very nice subdivision, I can see where the flag would be regarded as visual pollution. No less so than sticking a modernist cubist home on a lot located amongst Victorian-style homes. It would have been interesting to see what would have happened had it been the Quebec flag.


alice Dubois
said

Visual pollution over a man's country's flag? give me a break. I see visual pollution daily on the bus. It's on the highway, those big billboards that show half naked people, isnt that distracting? It's an outrage.


DLRW
said

I agree with you Jason H. This is a clear violation of this man's right to freedom of expression. Normally a law abiding citizen, I think he should disregard the order and keep the flag as is - pay the fines and to hell with it. There comes the legal process, however independent, loses all credibility. It is the duty of citizens to continue the fight and refuse to accept the authority of a clearly tainted process and the legitimacy of a clearly biaised arbitrator.


Al
said

What happened to multi-culturism!? There are many things in front of a house that can be distracting, like a nice landscape or Christmas decorations. So why not band those too?
What happened to FREEDOM??
"visual pollution".. what a BS...


AJ
said

I wonder what would have happened (if anything) if it was the Fleur-de-lis painted on the door. This guy would have won garage door of the year I'm sure.


Reanne
said

This ruling is disturbing. I agree with the above poster: If the flag was a Canadian flag, there wouldn't have been a big uproar. However, considering the delicate topic of 'reasonable accomodation' in Quebec, I believe that is probably at the root of the issue rather than a 'visual pollution' claim as, undoubtedly, we all have neighbours with questionable aesthetic tastes.
The fact that this man is being prohibited from a simple action like decorating HIS property, is quite disturbing to me. His decor in no way shape or form contributes to a negative living environment or endangers the freedoms of others, so why are his own freedoms being impinged upon?


Jason Howland
said

I bet you not a single word would have been said if he painted a Fleur-de-lis on his garage door instead.


Canada first
said

How nice that he displays a flag of a foreign country and not the country he lives in. Obviously he has no loyalty to Canada.

wood
said

Jason is right. If we proudly proclaim that we are Canadian or from other provinces (Quebec), no one will really have a problem with it. But for example if I paint my garage door into the pattern of another country’s flag, there will be issues (as we have just seen.

a.d.
said

Canada first: Obviously you are born in Canada. Or else you would not have said such a thing. I am a European immigrant turning into a Canadian citizen next year; I love Canada with all my heart (in fact I often argue with my American friends when they insult Canada). My heart has always been with my mother country, but my soul and heart stays with Canada. Anyways, if something wonderful would happen in my mother country, I would paint my garage doors of that flag anytime.


Steven Booth
said

I suspect the real problem is that Greece's flag has a cross on it in the upper left quadrant - but no one speaks of the elephant in the room.


Sean Henley
said

Only in Quebec!
My parents used to tell me I should be happy I don't live in Russia where they have no rights. I hate to say it but I'll bet they have more rights than Canadians these days. I'm really fed up with the direction rules, regulations, bylaws and laws are heading the past few years. In fact this forum is just about the only way to disagree with the stupidity that seems to be the norm of the day.


Al
said

The disturbing part is that what does this say about Canada and Canadians. We are famous worldwide for our great multiculturalism, then how do we justify this case?


R H
said

"Nick
I'm sure there wouldn't have been this much trouble for a Canadian flag.
Get over it, the guy is just showing some pride for his heritage."
You just don't get it folks. this is Quebec we are talking about. Not a thing is acceptable there unless it is in french. Now if it was the quebec flag or the flag of france then maybe it would be okay!


Davey Legasse
said

Nick and Reanne...you don't think there would have been an uproar of this was about a Canadian flag? Sorry, I think you're wrong, I think it would have been worse. The uproar about reasonable accommodation in Quebec is showing the true nature of a society that wants to be an isolated and insulated monoculture.

Talk about a waste of money - court time, lawyers, civil servants...all paid for by your tax dollars. Seems unlikely that anyone would consider it worth the cost.


Edb
said

Have Canadians not learned yet ? WE HAVE NO PROPERTY RIGHTS IN THIS COUNTRY !
Because there is no legal protection for private property in Canada, a stroke of a pen, judges ruling, etc
can impose any order at any time. Trust me fellow citizens, it doesn't stop at ugly garage doors.
Mr Harper, I'm still waiting for you to "strengthen" the charter as you once stated.


Rick
said

It is visual pollution. But make sure you charge all those graffiti "artists" that paint on our walls. Spend the money you spent on this case, setting up cameras in trouble spots and get a better return than the one you did!


Islander on another Island
said

He should just appeal it, try and make it go to provincial court where that will be thrown out for being unconstitutional. Simple as that.


barry heath
said

...i expected to read this headline happening in China,Burma or Iran,but this is Canada...we are drifting slowly towards the far-right,perhaps engineered towards facism.

gregt
said

My suggestion would be to erect a flagpole and fly the largest Greek flag that you can find unless of course there is by-law prohibiting a flag other than the Quebec flag.


Don K
said

Why is it that whenever you ask a Canadian where they come from, they always say some other country... What ever happened to just being Canadian? 3 three year court battle is absolutely ridiculous over a flag... I'm glad he lost and I hope costs are awarded against him for tying up the legal system for this length of time.


Curtis Makar
said

I'm so happy I don't live in Quebec. What kind of society do these people want there anyways? Does the government have to control every single aspect of people's lives there? Now they are policing what gets painted on a person's garage door! I thought it was his property. There is nothing obscene or distracting about this garage door, in fact I like the way it looks. What is obscene and distracting is that the Quebec government feels the need to control just about every aspect of it's population's lives right down to how they can speak, what they can say, and now how they can paint garage doors. This would be a joke if it wasn't so pathetic, offensive, and Orwellian. What a waste of energy and money.

mo kongo
said

Where is the multi-culturalism?
Unfortunately we live in a very hypocritic society.


Moe from Alberta
said

Another boneheaded decision by the Courts. Who cares if he has this on his garage? Does not make Quebeckers from this neighbourhood look very tolerant as far as I am concerned.


L.
said

Does nobody here live in a Condo Corp? There is nothing new about condo corps or subdivisions having rules in place as to what you can and cannot do to the exterior of ones home. I really don't think it would've mattered what he painted on it, if it is against the rules, it's against the rules. I live in a condo corp and I couldn't paint anything on my garage door, if I wanted to.


Mark
said

How about churches and mosques displaying large crosses or gold domes? is that not distracting?


RJT
said

I have to look at several American flags flapping in the wind and desecrating my neighbourhod but that particular flag is okay but a Greek one isn't? Facism 101.


Alberta Libertarian
said

"Visual pollution" constitutes a well-painted flag of the owner's country of origin? What happened to property rights and free speech?

Only in Quebec would this kind of hypocritical bigotry be tolerated. Unfortunately, since the Alberta, Ontario and BC support Quebec financially every year, I guess we paid for this shameful court case.


Ben Huigenbos
said

If anyone could actually define principles of freedom, then this ruling would surely break them. If the man wants to display a Greek flag, let him! It is so ridiculous that people are willing to infringe on this man's will, and even more ridiculous that a Canadian judge has used a roundabout reason - "distraction to drivers" - to find a ruling that would make him take it down. I hope he takes it to a higher court.


phil
said

Antonopoulos went too far and for too long. Ok, put your flag out for a couple of weeks, but that is enough. Respect your neighbours, and respect the country in which you now live, CANADA, leave your nationalism at the doorstep when you enter Canada. Antonopoulos wasted taxpayers money on this misguided "freedom of Expression". Let's focus on more important problems.


Steve S
said

It's OK though to put up thousands upon thousand of election signs to "freely" promote one's opinion politically?

I don't get it.


TV
said

I personally don't have a problem with the guy painting the flag on his garage. I do know that some new developments in the GTA only allow you to stick within a certain colour range when painting your garage just to keep the community looking good and consistent. I can see why he was asked to paint over it but 3 years in court?!?!?! That's crazy!


Italiano
said

Aren't the billboards a distraction? (Especially the political ones?)
Let him keep his garage door! It is time Quebec is recognized as a city of different ethnic groups!
I think I shall paint the Italian flag on my garage door.


Brian (A Proud Albertan)
said

Reference to Al's comment earlier.
One thing you need to remember, Mutli-culturalism only applies to Canada, not Quebec. In Quebec, it is essentially illegal to demonstrate multi-culturalism in any public way, hence their French only sign laws, etc. Remember the town that is wanting to make it illegal to enter Quebec if you don't have a thorough knowledge of all things Quebec? Here is just another example of this. In any other province, this individual's action wouldn't even have raised an eyebrow, in fact he probably would have been praised for it instead.


eric
said

It seems that everyone is jumping all over this because it is Quebec. (I don't live in Quebec by the way.) But, I seem to recall an issue arising a couple years ago with someone flying the Canadian flag somewhere. I forget the details but either the flag was too large or the pole was too high. I don't think it received a lot of play in the media.

And, as far as rules go, what about local zoning laws prohibiting large satellite dishes, commerical vehicles parked in driveways, and a host of other similiar rules. This is just equal treatment being meted out and the flag is colouring the argument.


Denise
said

This has NOTHING to do with multiculturalism people! This is just typical Quebec discrimination against anything non-Quebecois. The Quebec judge probably would have come to the same judgment if a Canadian flag (or any other provincial flag) were painted on the garage door. What a disgusting waste of taxpayer dollars!


Po
said

Anti-Quebeckers here are really starting to disturb me... why is it that every time I hear of a stupid ruling or statement coming from one person in Quebec, that suddenly it's "because that person is from Quebec"?

I agree with most of you that this is an unfair ruling but to go out and accuse Quebeckers of being unaccomodating and unfair is an ignorant generalization of mostly good people.


Happy Canadian
said

As much as I'd like to swipe at Quebec's stupid self-protection laws, this isn't one of them.

There are many communities that restrict private properties from doing things outside the norm.

City of Kanata, (just outside Ottawa) before amalgamating with Ottawa, had restrictions on outside materials and colours on homes, as well as a restriction on outside clotheslines and those clothes-drying-trees. May even still be resticting them.

Chelsea, Quebec, has recently installed bylaws restricting colours and archituecture in the Old Chelsea area to maintain community standards.

I'm sure there are many more throughout Canada.

Local standards are enforced for a reason, and connnot be set aside for someones national pride. I wouldn't want a candy-stripped house next to mine, so to speak.


Michael Dorosh
said

Congratulations to the judge for upholding community standards. I see nothing but speculation in the posts here regarding what would have happened were it a Canadian or Quebec flag. The cold hard truth is that it doesn't matter; the judge ruled on the merits of the case at hand, exactly as was supposed to. It used to be that men would go into battle and kill each other over something as stupid as a flag, and from the comments here, I see some people are still no smarter. Besides which, a respectful and tasteful display of the flag would go a lot further than some gaudy garage door treatment. Perhaps he was too cheap to buy a flagpole and a real flag?


Mau
said

Great point Brian (A Proud Albertan).

Though only people who would do this sort of thing would praise him. I understand the city's point with regard to visual pollution. Come to Toronto and see what a mess allowing this "freedom of expression" brings. It tends to make vast areas of the cities look like trash housing. It's hideous with all the busy colours, etc. If they allow people to paint gigantic flags on the street side of their homes, then what's the point fighting graffiti other than they didn't get permission? And those claiming it's freedom of expression need to be careful or next thing they know they will have a neighbour with a swastika on the garage. For those of you who don't know the swastika is not just a nazi emblem but is originally a religious symbol still used today. Then there is the effect on your housing value.

mo kongo
said

Denise is right! It is discrimination against anything non-Quebecois and the same thing applies to "la francisation des entreprises" law in quebec, basically you are prohibited to speak another language than French even if you are talking to your own son or brother.
what will be next? Prohibited to speak another language inside the bus or perhaps in the metro!


Vanessa C
said

I have seen Quebec flags painted onto garage doors, front doors, brick walls of houses, etc, but no complaint over them.
That is until the next time I see one, then it's photo time and file a complaint. If it's illegal for this guy, it's illegal for the separatists.


Dick Varley
said

L. came closest to giving a non-emotional response. The question really is whether development controls were in place or not. If so Antonopoulos should not have painted the flag. If not then he should be able to do as he pleases.


Keeleigh Julien
said

Don't make such a big deal about it . Really the guy is just proud of his heritage and wants to show it off a little. And it is not pollution if you want to want to talk about pollution lets talk about cars, factories,big bulidings ect...


Bill
said

Good to see such a ruling to uphold the city by-law. NOW it is Mr. Antonopoulos's turn to make sure that there are NO PAINTED SIGNS on ANY building in Montreal. They must also be violating the City By-law 1047, Article 124.2 Find the other offenders, fine them and force them to re-paint their walls. Some of it is probably advertising, but it has to go.
GO GET THEM MR. ANTONOPOULOS!


Khai
said

He should re-paint the garage with the Quebec flag and see if he gets the same complaints. I bet a Quebec judge would rule the other way.


Katie
said

Denise you are way off base there. I have lived in Quebec for a good 13 years of my life. The people have been very kind and just because there are some idiots in Quebec who is to say that even in your province or in any other province there are people like that. Idiots live all over the world. Don't be racist towards one province while its all over. I've seen it in Ontario too.


Gabriel
said

There was a little thing called "freedom of expression" legally protected by article 2 b) of the Canadian Charter.....

How convenient for the judge to forget that...


Hope
said

Such a fuss about a flag!

Our multicultural country is supposed to allow people to be proud of their roots. Aside from the Inuit, and our Native Indians, everyone else has an immigrant background. I can trace my mother's ancestors back to 1742 and I still consider myself to be of immigrant stock.

If the man had painted the Quebec flag on his garage door no one would have bothered to complain about it.

I have only lived in the province of Quebec for a little over a year now, BUT, I have found that Quebec, which insisted on "OUR" country becoming bilingual, is doing everything possible to make the Province of Quebec totally unilingual. They expect everyone else to learn French in order to communicate with them! The only province I know about that has done everything possible to become bilingual is New Brunswick.

When are our politicians going to realize that it doesn't matter what or how much the rest of Canada gives in to Quebec -- they will never be happy until the entire country of Canada is French-Speaking.


Sarah Church from Montreal
said

This is absolutely not a Quebec thing so all you guys in Alberta making up stories about multiculturalism being illegal in Quebec can take a big deep breath. The community of Pierrefonds is actually a very English speaking suburb with manicured lawns where people like things to be well taken care of. If my neighbour had done the same thing I would have complained too. If this were Richmond Hill or West Van it would play itself out in the exact same way. It would be nice to see people outside Quebec not jump to negative conclusions anytime something happens here - we are not any more racist than anyone else.



Ryan in Montreal
said

All these people who have left comments accussing this story of having anything to do with Quebec identity or resonable accommodation should really get a grip. This is strictly an issue of safety and suburban aesthetics. Does anyone honestly think that the residents of Rosedale or Victoria would put up with a garish garage door that could potentially distract a driver enough to run over their child? When you choose an opportunity to slag on Quebec, pick an issue that's actually relevant to that debate, not something that could happen in any subdivision in any part of Canada. Oh, and by the way, it's the owner of the garage door that's been fighting this in court and letting it drag on for three years. So blame him for your your tax dollars, not the french. Go habs.


Chrerles Ladouceur
said

And this is not racist at it's top form? I am a French Canadian and I am ashamed of the racism in the province of Quebec. If that would have been the Quebec flag, rest assured nothing would have been said.


Jason B
said

"Visual pollution"?
The city officials and the judge clearly aren't using their common sense. Nor do they have any respect for Mr Antonopoulos' rights to free expression.

The streets of any city will have many distractions (signs, people, events, shops, etc). I think singling out a man for painting a flag on a garage door, which is on his property, is petty and mean-spirited.

I used to live near the city of Kanata, and it has similar idiotic by-laws. City officials should be more focused on delivering essential services, and responsible governance. What a waste of time and money, for both the city and Mr Antonopoulos.


I
said

Of all the posts I've seen, L. seems to be the only person to get it right. Everyone seems to be way too focused on the issue of tolerance and multiculturalism. The truth is that in Canada, and the US, town councils and homeowners associations have become quite strick about enforcing rules regarding the esthetics of local homes. Whether it is house colors, yard ornaments, or lawn watering, it all comes down to their desire to protect property values. Right or wrong, this situation is neither new nor unique. Whether they realize it or not, most people moving into a new neighborhood are accepting these rules, either through membership in a homeowners association or by choosing to live under local town bylaws. If this guy does not like his situation he should either run for town council or move to the country.


-Brian-
said

It's all a question of "Where do you draw the line?" Where do municipalities (in any part of Canada) have the "right" to control how home owners display their property to the public, without someone crying "foul" of the charter of rights and freedoms?

Even in a municipality without any such bylaw, on a street with all white houses, if one home owner painted (and roofed) his house all black, I can see the municipality (on behalf of the other local homeowners in the area) having to take that homeowner to court for "visual pollution" in that, drivers would be "distracted" by such an "eyesore".

However, when are the municipalities going to say that commercial signs, themselves, are in the same "category"?
And what about all the graffiti on railway trains that pass through the same municipality, each day?


Donato
said

The judgement if not taken in this manner, will have ok'd any absurd painting and/or show of one's heritage. I am proud of mine but people please we are all canadian. reasonable accomadation goes for all. It took way too long but this is one for the system. ater all remember the precedent is what is important


Tired Albertan
said

Albertan's always come out and say… typical Quebec. Yet, I live in Alberta. In Calgary for that matter. I live in a home we had built but could not pick it's colour or brick due to community standards. A neighbour has been warned and fined multiple times for a vehicle that is considered an eye sore - reported by neighbours. We have a home around the corner that has been ticketed multiple times because of poor landscaping and junk left in the yard, many 'white' neighbours call this the Harlem house - due to the race of the individuals - and have reported it numerous times. These same neighbours want to move out of the neighbourhood because of the ethnic minorities moving in. So as an Albertan I'm saying let's get off our high "righteous" horse - we would be the first to scream if it was an Iraqi, Iranian or First Nations flag.


joe
said

I wonder if we changed the context to it being a work of art if there would be another means to protect it?


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