On August 8, Hamilton Mayor Andrea Horwath ordered the removal of a billboard that she deemed transphobic. The billboard, located along the Lincoln M. Alexander Parkway, displayed the message, "Stop medical transitions for minors." The advertisement was created by the Association for Reformed Political Action (ARPA Canada), a Christian advocacy group, and aimed to inform the public about various countries' stances on gender-affirming treatments for minors.
Horwath announced the removal on social media, stating, "This afternoon, my office was made aware of a transphobic ad on a billboard along the Linc." She did not specify the content of the advertisement in her post. The billboard is privately owned but is situated on land leased from the city. Despite having been paid for a month-long display, the billboard company, Astral Media, complied with the mayor's directive.
In her social media post, Horwath expressed concern over rising hate-related incidents in Hamilton, asserting, "Love will always be louder." This statement reflects her administration's stance against messages that they perceive as harmful. However, the mayor's actions have raised questions about the limits of governmental authority in regulating speech.
Hamilton has faced legal challenges in the past regarding similar issues. In 2018, the city lost a court case over the removal of bus shelter ads from the Christian Heritage Party of Canada (CHP), which featured a controversial image and tagline. The Ontario Superior Court of Justice ruled that the city violated the CHP's right to procedural fairness and failed to consider freedom of expression under the Canadian Charter of Rights and Freedoms. The city was ordered to pay the CHP's legal costs.
In 2023, Hamilton faced another legal setback when it refused to allow an advertisement opposing sex-selective abortion on a city bus. The court found that the city again failed to consider the Charter, resulting in a $20,000 payment to ARPA for legal fees.
Horwath's recent decision to remove the billboard may have been influenced by a late-2024 legal victory that allowed the city to take down a CHP bus-shelter ad stating, "Woman: An Adult Female." In that case, the city provided reasons for the removal and engaged with the CHP beforehand. However, the mayor's unilateral decision to remove the recent billboard raises concerns about the balance between protecting public sentiment and upholding freedom of expression.