Bubba Pollock’s protest against drag queen story time was “particularly shameful,” a judge said, but it wasn’t criminal.

The 35-year-old provocateur was acquitted Tuesday of criminal harassment stemming from his interaction with two dads and their children on April 29, 2023, in the parking lot behind the Parkhill public library, where a so-called drag queen story time event, organized by the Southwestern Ontario Rainbow Optimists, was being held, drawing protesters like Pollock and counter-protesters.

“I am unable to conclude beyond a reasonable doubt that (the men) had the requisite fear for their safety or that of their children as a result of Mr. Pollock’s conduct,” said Ontario Court Justice George Orsini in his decision to acquit Pollock.

But, Orsini had harsh words for Pollock, who arrived at the event with a masked man and a homemade sign that said Kill Pedophiles and was heard on a cellphone video saying, “. . . pedos. Dirty pedos. Groomer. Got groomers here. Groomer.”

“None of this, of course, should be taken as condoning or excusing what occurred in this case,” Orsini said. “Although individuals such as Mr. Pollock have a lawful right to protest, his conduct, occurring as it did in the presence of two young children and involving a verbal attack on their parents, was particularly shameful.

“It has absolutely no social utility and did nothing to promote the common good.”

Drag queen story time events have become flashpoints in a broader public debate over transgender rights and youth. Supporters believe they allow children to become more understanding of transgender citizens, while critics, such as Pollock, slam them as inappropriate for youngsters.

It was that same 25-second-long video with Pollock slinging homophobic slurs that likely saved him from a criminal conviction. Orsini reviewed the testimony of the two dads and contrasted it with the video from Pollock’s cellphone and found significant inconsistencies.

Both dads testified they arrived at the library with their children shortly after 10 a.m. and parked near the back door because they had been told there would be protesters there. They wanted to avoid them while bringing in materials they had for the event.

They saw two men get out of a pickup truck. One of them was masked and the other one was Pollock. The first of the two dads to testify said he told his family to stay in the car until Pollock and his buddy walked past them.

Once the men walked past, the father testified he retrieved the items from the trunk and was about to go to the back door when Pollock and his friend spotted them and walked toward them. Pollock pulled out his cellphone, and the man said he heard him say, “Look at those groomers. They’re bringing children to a grooming event.”

The man testified he was afraid for his kids and wanted to get into the library. He said Pollock appeared to be recording the family’s licence plate number at the front of the vehicle and heard him say he had a friend at the Ministry of Transportation who could run the number and give him their address. The man testified he thought that was “an empty threat.”

Pollock remained in front of him, he said, and the phone was “three to four inches from my face.”  He politely asked Pollock to get out of the way and walked forward, intentionally bumping into Pollock with the box he was carrying.

The man said he believed Pollock asked, “You want to go?” and was egging him on to fight. Instead the man went into the library with his family and consoled his children. He testified he was more worried about his kids than himself and felt safe because his husband was with him.

But in cross-examination, he agreed with the suggestion the bump might have been accidental. The video showed Pollock wasn’t between the man and the entrance but remained behind him while the family walked to the library’s back door.

Pollock made the derogatory statement about “groomers” when the man turned toward Pollock. Instead of saying “you wanna go?” Pollock can be heard saying “Want one?”

The man replied “Do I want what?” before turning from Pollock and entering the library.

Orsini pointed out several discrepancies between the witness’s account and the video. “While it is unclear if the video captures the entire incident, it does significantly contradict the version of events provided by (the witness),” Orsini said.

The judge noted the witness ultimately agreed he called the police several days later after seeing Pollock on the news and “his motivation was not fear of Mr. Pollock but his desire to prevent Mr. Pollock from attending these sorts of protests and being a nuisance to him in the future.”

The second dad testified Pollock had the Kill Pedophiles sign – the other dad said it was the masked man – and approached them wanting to know if they were going to the story time. He also took photos of one of their kids and said he felt sorry for the child.

He also believed Pollock was egging his husband on for a fight and said “You want to go?” and saw “a little bit of a shove” before the family went into the library.

Orsini said it was “concerning” that the two witnesses testified, incorrectly, to hearing the same words and asserted Pollock was challenging one dad to a fight.

Orsini pointed out the second dad said he was fearful of a fight and “the psychological danger to the children having to watch their fathers being bullied, beaten up and having derogatory terms slurred at them.”

He said the evidence of the men “was at times internally inconsistent and conflicting” and “was significantly at odds with what can be seen and heard in the video recording. This significantly impacts upon both their credibility and reliability.”

While Pollock was acquitted in London, he still faces sentencing in Windsor on Oct. 4 after pleading guilty in January to a bizarre stunt in June 2023 at a Windsor hospital where he took a selfie with the dying father of a supporter of the local Pride community to intimidate her.

The Crown is asking for six months, while the defence argued for a three-year suspended sentence.

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