Struggle over pickleball players' access to Mayne Island tennis courts ends in B.C. Supreme Court

bill barilko

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I honestly wish I was making this up-I know Mayne Island of old it's part distant Vancouver suburb part rural slum

Struggle over pickleball players' access to Mayne Island tennis courts ends in B.C. Supreme Court​

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The court case revolved around a community centre decision to allow 21 hours of pickleball play each week​

Rafferty Baker · CBC News · Posted: Jul 27, 2023 6:13 PM PDT | Last Updated: 3 hours ago
A woman wearing a ball cap, sunglasses and medical face mask swings a pickleball racket at a plastic wiffle ball.

A pickleball player swings for the plastic ball in this file photo. The rapid rise in popularity of the sport has led to tension in the small community of Mayne Island, B.C., where a group of tennis players took their effort to prevent pickleball from being played on two tennis courts to the B.C. Supreme Court. (CBC)
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A B.C. Supreme Court judge has dismissed a petition from a group of tennis players on Mayne Island who had tried to assert total control over two tennis courts in order to prevent people from playing pickleball there.
The nine petitioners argued that a group called the Mayne Island Tennis Association (MITA) had raised tens of thousands of dollars, cleared wooded land on the Mayne Island Community Centre property, and there built the two courts which they maintained for about 14 years.
They also entered into an agreement with the community centre to control the tennis courts.
For years, MITA held exclusive use of the courts for tennis.
But as the popularity of pickleball grew on the island, a shift took place on the elected board of the Mayne Island Community Centre Society (MICCS): in 2021, five new members joined the board. According to the B.C. Supreme Court Decision, at least three of the five were also members of the local pickleball club.
The board election was the subject of a Capital Daily story titled "The pickleball coup."
In May, 2022, the MICCS board announced that pickleball players would be granted access to the tennis courts, with 21 hours each week dedicated to the sport.
Twenty-one hours per week would also remain for tennis, some of which were reserved for tennis association members.
In attempt to stop the pickleball accommodation, the tennis players filed their petition.

Rift in the community​

The struggle over use of the two courts has created a rift in the small community, according to Adrian Gowing, MITA president and one of the people who filed the petition.
The 21-square-kilometre Mayne Island is in B.C.'s Southern Gulf Islands, between the Lower Mainland and Vancouver Island. It is home to about 1,300 people.
Two pairs of players play pickleball outdoors at a pickleball court.

The struggle over use of the tennis courts has created a rift in the small community, according one of the people who filed the petition, who says he worries the tennis courts could be turned into a pickleball facility permanently. (bhpix/Shutterstock)
"You know, we're in our little village here. At times we get on the ferries to go places and and now you're sort of looking around going, 'Oh, I don't want to talk to that person, I don't want to talk to that person.' It's become quite uncomfortable," said Gowing.
He said the court challenge may have contributed to the tension, but now that the judge has settled the matter, Gowing said he's worried the pickleball players will be emboldened.
"We sort of think a year from now, our tennis facility could be turned into a permanent pickleball facility. We have no idea, but they certainly have the power to do that — we've lost this case," he said.
"It's been quite devastating."

Community centre society owns the tennis courts: judge​

Justice Bill Basran awarded costs to the respondent, MICCS, so Gowing and his fellow petitioners have to pay a portion of their legal fees along with the cost of their own lawyer. He said it's challenging to raise cash for a case they've lost.
"The only focus we have right now is to pay this $50,000, somehow and then kind of, you know, reshape our lives and figure out where we're going to go from here," Gowing said.
Catherine McNeill, a pickleball player and president of the MICCS board, said the board is pleased the court decision went in their favour.
"It's been very difficult in our community," McNeill said.
Basran found that the evidence clearly establishes that MICCS is the owner of the land upon which the tennis courts were built.
"It owns the tennis courts. They are assets on its balance sheets as is the bank balance in the tennis fund," Basran wrote in his decision, which notes that the tennis association is an unincorporated, non-legal entity.
 

petros

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I honestly wish I was making this up-I know Mayne Island of old it's part distant Vancouver suburb part rural slum

Struggle over pickleball players' access to Mayne Island tennis courts ends in B.C. Supreme Court​

Social Sharing​

  • Facebook
  • Twitter
  • Email
  • Reddit
  • LinkedIn

The court case revolved around a community centre decision to allow 21 hours of pickleball play each week​

Rafferty Baker · CBC News · Posted: Jul 27, 2023 6:13 PM PDT | Last Updated: 3 hours ago
A woman wearing a ball cap, sunglasses and medical face mask swings a pickleball racket at a plastic wiffle ball.

A pickleball player swings for the plastic ball in this file photo. The rapid rise in popularity of the sport has led to tension in the small community of Mayne Island, B.C., where a group of tennis players took their effort to prevent pickleball from being played on two tennis courts to the B.C. Supreme Court. (CBC)
46
comments
A B.C. Supreme Court judge has dismissed a petition from a group of tennis players on Mayne Island who had tried to assert total control over two tennis courts in order to prevent people from playing pickleball there.
The nine petitioners argued that a group called the Mayne Island Tennis Association (MITA) had raised tens of thousands of dollars, cleared wooded land on the Mayne Island Community Centre property, and there built the two courts which they maintained for about 14 years.
They also entered into an agreement with the community centre to control the tennis courts.
For years, MITA held exclusive use of the courts for tennis.
But as the popularity of pickleball grew on the island, a shift took place on the elected board of the Mayne Island Community Centre Society (MICCS): in 2021, five new members joined the board. According to the B.C. Supreme Court Decision, at least three of the five were also members of the local pickleball club.
The board election was the subject of a Capital Daily story titled "The pickleball coup."
In May, 2022, the MICCS board announced that pickleball players would be granted access to the tennis courts, with 21 hours each week dedicated to the sport.
Twenty-one hours per week would also remain for tennis, some of which were reserved for tennis association members.
In attempt to stop the pickleball accommodation, the tennis players filed their petition.

Rift in the community​

The struggle over use of the two courts has created a rift in the small community, according to Adrian Gowing, MITA president and one of the people who filed the petition.
The 21-square-kilometre Mayne Island is in B.C.'s Southern Gulf Islands, between the Lower Mainland and Vancouver Island. It is home to about 1,300 people.
Two pairs of players play pickleball outdoors at a pickleball court.

The struggle over use of the tennis courts has created a rift in the small community, according one of the people who filed the petition, who says he worries the tennis courts could be turned into a pickleball facility permanently. (bhpix/Shutterstock)
"You know, we're in our little village here. At times we get on the ferries to go places and and now you're sort of looking around going, 'Oh, I don't want to talk to that person, I don't want to talk to that person.' It's become quite uncomfortable," said Gowing.
He said the court challenge may have contributed to the tension, but now that the judge has settled the matter, Gowing said he's worried the pickleball players will be emboldened.
"We sort of think a year from now, our tennis facility could be turned into a permanent pickleball facility. We have no idea, but they certainly have the power to do that — we've lost this case," he said.
"It's been quite devastating."

Community centre society owns the tennis courts: judge​

Justice Bill Basran awarded costs to the respondent, MICCS, so Gowing and his fellow petitioners have to pay a portion of their legal fees along with the cost of their own lawyer. He said it's challenging to raise cash for a case they've lost.
"The only focus we have right now is to pay this $50,000, somehow and then kind of, you know, reshape our lives and figure out where we're going to go from here," Gowing said.
Catherine McNeill, a pickleball player and president of the MICCS board, said the board is pleased the court decision went in their favour.
"It's been very difficult in our community," McNeill said.
Basran found that the evidence clearly establishes that MICCS is the owner of the land upon which the tennis courts were built.
"It owns the tennis courts. They are assets on its balance sheets as is the bank balance in the tennis fund," Basran wrote in his decision, which notes that the tennis association is an unincorporated, non-legal entity.
Is there nothing else to do while growing weed?
 

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B.C. couple goes on hunger strike over pickleball noise
Author of the article:Washington Post
Washington Post
Kyle Melnick, The Washington Post
Published Jul 26, 2023 • 4 minute read
Rajnish Dhawan fasted to protest the noise from pickleball courts near his home in Chilliwack, B.C.
Rajnish Dhawan fasted to protest the noise from pickleball courts near his home in Chilliwack, B.C.
Rajnish Dhawan awoke about 8 a.m. Sunday and sat to eat a bowl of Cheerios inside his British Columbia home.


As he ate, he looked out the window and saw the nearby pickleball courts — a reminder of why the cereal would be his last meal for the foreseeable future.


For nearly a year, Dhawan has complained to Chilliwack officials about high-decibel noises from the three pickleball courts that are about six metres behind his property. He said he and his wife have endured auditory hallucinations, heart flutters and insomnia since players started flocking to the courts in 2021. But Dhawan, 52, said little has changed.

Since pickleball began exploding in popularity in 2019, people have griped about the noises near their homes, causing neighbourhood disagreements, calls to police and lawsuits. But Dhawan and his 51-year-old wife, Harpreet, took a new stance.


Inspired by Indian activist Mohandas K. Gandhi, the Dhawans decided that, starting at 9 a.m. Sunday, they wouldn’t eat until the noise improved.

“We would prefer to suffer rather than continue to live the life of Second Class citizens,” the Dhawans wrote in a letter to city officials on July 20.

The Dhawans moved from a Chilliwack townhouse to their current five-bedroom home in February 2017. They enjoyed sitting on their deck to watch children play on swings and neighbours walk their dogs at the park behind their home.

Then, in the spring of 2019, Chilliwack added pickleball courts to the park that are visible from the Dhawans’ house. The courts grew more popular when the city added a new surface in the spring of 2021. The Dhawans tried to ignore the popping noises, even playing pickleball sometimes themselves to see what the hype was about.


But last summer, Rajnish said the sounds became unbearable. He said he slept poorly, and when he did rest, he awoke in the middle of the night hallucinating the noise of a ball striking a paddle. Rajnish, an English professor at a nearby university, and Harpreet, a dental hygienist, fell behind on their work and started to see therapists for the first time.

The couple’s 23-year-old daughter lives in Vancouver but rarely visits home because of the noise, Rajnish said. The Dhawans sometimes leave their TV on high volume to muffle the sounds.

Last October, Rajnish sent his first of many letters to city officials to complain about the noise.

“You feel as if someone is consistently punching your head,” Rajnish told The Washington Post. “It’s literally like living next to a gun range.”


A spokesperson for the city of Chilliwack said in a statement that officials “have regularly responded” to Rajnish’s grievances and “have taken substantial action to help mitigate the situation.”

For instance, the spokeswoman said the city only allows pickleball play between 9 a.m. and dusk, and has recommended that players use practice foam balls after 4 p.m. Still, Rajnish said people play daily until 9 p.m.

In March, he wrote an email to the city’s pickleball club that said playing on the courts near his home was “an act of aggression committed against me and my family.”

The courts reopened in April this year — a month later than usual after a winter hiatus — because of Rajnish’s complaints, the city spokeswoman said. The city covered the fence with black tarps in hopes of reducing the sound.


Still, Rajnish said he cancelled his two summer courses and flew to his birthplace of Amritsar, India, to prevent his anxiety from worsening. He hoped the situation would be resolved by the time he returned.

Harpreet, who stayed behind in Chilliwack, developed similar symptoms as Rajnish, and players yelled at her when she asked them to stop playing at night, Rajnish said. On Rajnish’s flight home on July 20, he drafted another letter to city officials.

“As staunch followers of Mahatma Gandhi, we have decided to follow the path shown by him to deal with systemic injustice,” the Dhawans wrote — using the honorific by which Gandhi was popularly known that means “great soul” — before signing the letter “the less privileged residents of Chilliwack.”


The couple hung a red-and-yellow banner outside of the pickleball courts announcing their “DAILY HUNGER STRIKE AGAINST HARASSMENT AND DISCRIMINATION BY CITY OF CHILLIWACK.”

After eating breakfast Sunday, the Dhawans began their hunger strike by sitting on the pickleball courts, even as some people played nearby. Harpreet felt lightheaded that night and broke her fast, but Rajnish, who felt nauseous, continued.

The couple returned to the courts about 5 a.m. Monday, holding umbrellas in the rain. Two men decided not to play after speaking with the Dhawans, Rajnish said, but a woman complained the couple was preventing people from competing. The Dhawans juggled their protest while working from home.

By Monday night, Rajnish said his nausea had grown worse, and his heart rate had increased. The city had not taken action and, fearing long-term health effects, Rajnish ended his hunger strike around 10 a.m. Tuesday, after 50 hours.

“I’m not Gandhi,” Rajnish said. “I don’t have millions of followers.”

He drank a glass of sharbat, a drink made from flower petals and a sweetener, and planned to eat snacks — fruit, cereal, nuts — throughout the day.

The Dhawans’ problem might be solved in a few months. The city is building an indoor pickleball facility and plans to close the courts near the Dhawans’ home in November.

But for the Dhawans, that’s not soon enough.

“We shouldn’t be forced to move,” Rajnish said, “just because a mistake was made by the city.”