Pawn shop blasts photo law

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This article was published 09/09/2011 (5112 days ago), so information in it may no longer be current.

Should people have to pose for a picture every time they pawn something for money?

That’s what one local pawn shop is wondering after the city took the drastic step of suspending its business licence.

A & C Pawn will be forced to close its doors for 30 days starting Monday after it repeatedly flouted a Winnipeg bylaw that requires the used-goods dealer to take photographs of all items and the people who sell them.

The rules are part of a bylaw that initially came into effect in 2008 and regulates certain businesses such as pawn shops and escort services to prevent crime and protect the public’s health and safety. Members of the Winnipeg police pawn unit have visited the business several times to warn the shop it needs to comply with the new law.

Police say A & C Pawn is the only pawn shop in Winnipeg that does not abide by the new rules. A & C appealed the city’s order at a meeting Thursday morning, but it was dismissed by council’s protection and community services committee.

Lawyer Jamie Kagan said his client feels the bylaw is a breach of privacy rights and plans to challenge its legality in court.

A & C’s owner could not be reached for comment Thursday.

Kagan said the city’s bylaw is prejudiced against people living in poorer areas of the city where they might not feel comfortable hosting garage sales. He said there is a need to balance an individual’s right to privacy with the need to protect the public, noting A & C holds all items for 15 days and takes the names and fingerprints of all people who sell their items to the shop.

“This law is wrong,” Kagan told council’s protection and community services committee. “It goes back to a time when police could do what they wanted and say what they wanted because it was convenient for them.”

“This bylaw, in my opinion, will not withstand a court challenge.”

Sgt. Dave Clayton of the Winnipeg police pawn unit said officers recover stolen goods from pawn shops by matching the photos of items brought into pawn shops with serial numbers and descriptions of stolen items. He said he could not comment on whether A & C’s disregard for the current bylaw has hampered the unit’s ability to charge people who sell stolen goods, due to the pending court challenge.

However, Clayton said A & C is the only Winnipeg pawn shop that has not complied with the law, and is one of a handful of high-volume pawn shops that see a large number of stolen goods.

“Pictures of property taken in significantly help us recover stolen goods,” he said. “There’s simply no question.”

Marcia Fifer, licensing co-ordinator for the city’s community bylaw enforcement, said the city will consider taking further steps to shut down the pawn shop if the business continues to refuse to comply with the bylaw. If A & C does not comply after its 30-day suspension, Fifer said the city will examine additional options, including revoking its business licence.

A&C’s customers were stunned by the news the popular pawn shop might be forced to close its doors as early as next week.

“You get a lot of people around here who depend on him, paycheque to paycheque,” said Teresa Barthelette. “People come in to get money to feed their children.”

Barthelette said she would not mind if A & C took her photograph every time she came to pawn an item. However, she said she thinks it is an invasion of privacy.

Pawn store staff say many area residents pawn items for short-term loans and later buy their property back when they have the money.

Erin Marsden said the store has a reputation as the city’s best, due to its staff and quality merchandise. A & C sells everything from pawned mountain bikes and DVDs to flat-screen TVs and stereo equipment.

Marsden lugged a blue duffel bag carrying a DVD touch-screen to A & C from Charleswood on Thursday. She said she’s pawned items at the store for more than 10 years, but everything she pawns is something she’s paid for.

“Some people do pawn things to get food,” she said.

jen.skerritt@freepress.mb.ca