Jan Maracewicz says he wanted to express his frustrations about the exorbitant costs of the World Cup this year. As he was carrying a sign at Exhibition Place commenting on FIFA’s “greed,” the retiree was arrested and charged with trespassing.
“I think I had the right to express my opinion. It wasn’t vulgar, it was peaceful, it wasn’t inciting any violence,” Maracewicz told CTV News Toronto in an interview.
The 64-year-old says he loves the sport and had attended the previous tournament in Qatar with his common-law spouse, which set them back $50 per ticket. When the tickets were first released for Toronto’s matches in December, the cheapest tickets were Category 3 seats for the Ghana v. Panama game, costing $195 per seat. Tickets to see Canada’s home opener ranged from $1,300 to $3,035.
Several fans have expressed to CTV News how the steep prices are barring them from attending games, with out-of-town visitors pointing to the added costs of hotels and flights causing too much financial strain.
“This is a game that has been loved by the whole world for gosh, over a century,” Maracewicz said. “It would always represent everyone. All of a sudden, you have the availability, accessibility, for only the people with money. The working class, the people with less money, retirees, and so on, so forth, who can also go to a game, but it costs them, let’s say, savings. They have to prioritize.”
So, Maracewicz thought to share his opinion by taking some white fabric and scrawling “FIFA = Greed” on it in blue paint. He says he stood with this sign a couple of times by Nathan Phillips Square, and nearby the entrance to the FIFA Fan Festival, where a few passersby expressed their support for his sentiments.
“I was hoping to, you know, to get the message across,” Maracewicz said. “If you don’t have the money, why would you have to sacrifice so many other things only to go because you love soccer.”
Ahead of the Iraq v. Senegal game in Toronto, Maracewicz said he parked up between the entrance of the GO Station and the Toronto Stadium with his sign. He says he had been there two other times before without issue, but that this last time he was approached by security personnel.
“I was standing in one spot, probably for like 15, 20 minutes, and all of a sudden two security staff approach me and say, ‘Well, you have to leave with this banner. You’re not supposed to protest,’” Maracewicz said. “I’m not protesting, I’m just expressing my opinion, this is the public area … I have every right in this country to express my opinion.”
Maracewicz said he saw others near Exhibition Gate protesting various other causes, not related to FIFA or the World Cup, but did not see anybody else being approached. Instead, he says he was arrested by police, “dragged” away from the area and was released after being charged. Based on the offence ticket he received, reviewed by CTV News Toronto, Maracewicz was charged with Trespass to Property – entering and engaging in prohibited activity, and has to pay $65.
“They (police) told me I was banned from the premises (Exhibition Place) until the seventh of July,” Maracewicz recounted.
Toronto Police confirmed to CTV News Toronto that Maracewicz was arrested and released under the Trespass to Property Act on June 26.
“The incident occurred on Exhibition Place property, not public property,” Const. Stephanie Miceli said in an emailed statement. “Officers were acting under the authority of the property owner after the individual was directed to leave and refused to comply.”
A protester’s rights
While Maracewicz is free to say what he wants to, one lawyer tells CTV News Toronto he is not free to say it wherever he pleases.
“In a sporting event, in fact almost every sporting event, they (the venue operators) are legally protected under the Trespass to Property Act here in Ontario,” Gavin Tighe, partner at Gardiner Roberts, said.
“They have full authority to control admission, refuse admission, issue trespass notices to disrupt what they consider to be disruptive individuals, people who remain on their property after being instructed to leave can, in fact, absolutely face police removal and fines.”
The fact that Maracewicz was hanging around Exhibition Place, a city-owned property, does not change that either, as Tighe says it is private property.
“When you think about the Exhibition, you got to pay to get into the Exhibition. They have the right to charge you, you can’t say, ‘No, I’m sorry, this is publicly owned, I get the right to come in here for free,’” Tighe said. “It’s a public event, but not public property, so it’s a very nuanced situation.”
Even in a public space, Tighe says demonstrators’ conduct is “somewhat constrained.”
“I mean, you can’t do anything you want. If you are conducting an unlawful act in a public space, you can still be arrested,” Tighe said.
For Maracewicz though, he says he filed a complaint with police.
