U of T governor Elan Ohayon spent last Friday night at Allan Gardens after his bail conditions were swiftly deleted earlier that morning.

The housing activist spent almost three weeks behind bars after being arrested at Allan Gardens and charged with "assaulting a police officer with attempt to resist arrest." He refused to sign bail because of the condition preventing him from being within 50 metres of the park.

Justice Hamilton deleted the condition because of a previous ruling.

The ruling concerned similar bail conditions of OCAP (Ontario Coalition Against Poverty) members who were arrested on charges relating to the June 15th demonstration at Queen's Park.

"To restrict the applicants' attendance in Allan Gardens may have the effect of depriving those in need [homeless at the park] from obtaining assistance," Grossi said in his September 14 ruling. For this reason, Grossi struck the condition that the OCAP members should stay 50 metres from Allan Gardens.

Ohayon has spent almost every Friday night since August 1999 at the park in support of affordable housing, and helping homeless there. He refused to sign the bail condition because he did not want to be prevented from continuing.

"The past few weeks have shown me that it's not easy living in close quarters with a lot of people," he said in relation to shelters.

Ohayon also elaborated for the first time on what actually happened the morning he was arrested.

Notes obtained from arresting officers showed that they were "sweeping" the area as a possible staging demonstration for the nearby Tory Convention the weekend he was arrested.

"I got dragged out [of my tent] in my sleeping bag," he said. "The police officers' notes said that they were 'sweeping' the area for protestors. If you are protesting poverty and the Ontario government you are criminalized."

Ohayon also mentioned poor conditions in jail, such as three people to a room, one of who sleeps on the floor. He added that there are long lineups for medical attention.

City councillor Jack Layton was also at the park Friday night and offered Ohayon congratulations.

"I would like to thank Elan for being on the front line. He took the issue of human rights and housing and wrapped it up with free speech and freedom of association and freedom of assembly. It was very courageous," he said in relation to the Constitutional challenges that Ohayon's court case will address.

He then brought up an example of housing in Osaka, Japan, where a large group set up a camp in a local park, and authorities eventually revised housing policies.

"Unless we get affordable housing we'll have more and more homeless," he said, adding that the TDRC will stage a housing action day November 22.

Ohayon's lawyer Peter Rosenthal then spoke and said a few words.

"He saved my butt," joked Ohayon.

Former U of T governors and law students Vilko Zbogar, and Selwyn Pieters, helped Rosenthal assemble documents for Ohayon's bail hearing.

Rosenthal stated that reversing the bail conditions is only the first step. He intends to take legal action against the police who arrested Ohayon.

"We are going to lay criminal charges against some of the officers," he said, in relation to physical injuries to Ohayon that happened during his arrest.

"I don't know what they mean by sweep, but I certainly don't want to be 'swept' by them," he stated.

Police have stated that the injuries did occur during the arrest, but have not commented further.