“None,” said Mrs. Williams. “At least, not for Cedar Grove.”
I hadn’t realized until that moment that I’d stopped breathing. I finally inhaled. But my relief did not last long.
Someone from the audience spoke up. “What’s this about legal liability?”
Before anyone could reply, Ms. Ambrosia, Sammy and Salina’s mom, said, “I don’t care if there is a legal liability or not. I don’t want my kids hanging around the railroad tracks.”
“But there hasn’t been a train on those tracks in years,” Dad said, “maybe decades.”
“Well, I think banning tree climbing in our own backyard just encourages our kids to go farther away and there is nothing safe about that,” Ms. Ambrosia shot back.
“I agree,” said Peter’s mom. “It’s safer if they’re closer.”
“But some of the trees in Cedar Grove are really high. Someone could get killed!” I couldn’t see who was talking, but whoever it was sounded angry.
There was a murmur in the crowd and then everyone started talking at once.
“Okay, okay, everyone calm down.” Ms. Matheson stood up and spoke as if she was addressing a school assembly. “I’d like to take this opportunity to outline the position of the Neighborhood Council.”
The room was quiet. It was her turn to have everyone’s attention.
“As most of you know, the interim bylaw, which prohibits tree climbing on Cedar Grove property, was passed by the council prior to the AGM for safety reasons.” Ms. Matheson paused and looked down at the table as if collecting her thoughts. “At first it was simple. Council members were worried because a child had been hurt climbing trees.”
“Hurt badly?” asked Peter’s mom. “Who was it?”
“That’s not important. He’s okay now,” Ms. Matheson said quickly.
I glanced at Ethan who was standing very still and very straight. It looked like it was his turn to stop breathing.
“After the interim bylaw was passed, some people expressed concern, and their concern forced me to look into the bylaw in further detail. I found out that there is significant legal liability involved.”
“Meaning?” Peter’s mom prompted.
“We could get sued if a child gets hurt climbing trees on Cedar Grove property.” Ms. Matheson words hung in the air as I took this in.
“But why would anyone sue the Neighborhood Council?” Ethan asked.
“It’s happened before.” Ms. Matheson did not look in our direction as she spoke. “A child in the States fell when climbing a tree at the local playground. He was seriously injured. The parents successfully sued the city and received enough money to cover medical expenses, loss of future potential and other damages.”
“That kind of stuff doesn’t happen here,” said one of the men in the crowd.
“If only that were true,” another retorted.
Ms. Matheson took control again. “On behalf of the Neighborhood Council, I looked at lots of options to try and protect Cedar Grove from that type of legal liability. According to our lawyers, all the options, including some that have been outlined by Ethan and Brianna, are just too difficult and expensive to execute effectively.”
“What about having climbers or their parents sign waivers?” Dad asked.
“We thought about that,” Ms. Matheson replied without hesitation. “Believe me, we looked at everything. In the end, we decided that bylaw 47.21 was the only way to completely protect Cedar Grove from being legally liable for potential damages associated with tree climbing on our property.”
“So the bylaw has nothing to do with keeping our kids safe?” Sammy and Salina’s mom asked. “It’s all about protecting Cedar Grove from a lawsuit?”
“It is about keeping our kids safe. That’s the only way to avoid legal liability,” Ms. Matheson responded firmly, as if that should be the end of the story. Case closed.
“Are all the council members in agreement on this?” asked Peter’s mom.
“The majority of us voted in favor of the interim bylaw,” Ms. Matheson said, “and now it is time for all the members of Cedar Grove to vote.”
“Unless anyone else has something to say?” said Dan Morrow.
There was silence. Ms. Matheson sat down. I felt silly, still standing at the front of the room, but I didn’t know what else to do.
“Okay,” Dan spoke again, “the ballot will take place by a show of hands. Remember, only one owner per unit is eligible to vote.”
“I think we need more time to think before we vote,” Mom said. “Given this new…this new information.”
“I agree,” someone said.
“We need to vote now,” Ms. Matheson responded. It was the first time I’d ever seen her look flustered. “The bylaw is only an interim measure. Once the AGM is over, it will no longer be valid.”
“Can we abstain?” Mom asked.
Ms. Matheson looked at Dan.
“Yes,” Dan said. “You can choose not to vote.” He referred momentarily to his notes and then looked back at Ms. Matheson. “So, I guess we’ll proceed?”
“Get on with it,” Ms. Matheson growled.
Dan looked uncomfortable. Slowly he said, “All in favor of bylaw 47.21, please raise your hands.”
There was a flurry of activity. I closed my eyes. When I opened them, I saw more hands in the air than I wanted to see.
There was silence as Michael’s dad counted. I tried to count as well, but I kept losing track. I was too worked up to concentrate. The only thing I know for sure is that neither Mom’s or Dad’s hand was in the air.
“Okay.” Dan was writing and talking slowly. “Now all opposed to bylaw 47.21, please raise your hands.”
This time I didn’t close my eyes. I watched as a bunch of arms shot up quickly, including Dad’s. Slowly, more reluctant hands joined them in the air. I waited and watched. It didn’t look like enough.
Actually, it looked like the same number of hands that had gone up in favor of the bylaw.
There was more silence and more counting. Dan scratched his head. He looked at his papers again. Then, with a puzzled look on his face, he said, “How many abstainers?”
To my surprise, several hands went up, including two belonging to council members. I looked to see if Mom had raised her hand, and then I realized that Dad had voted for both of them. I wondered how Mom felt about that. Her eyebrows weren’t giving anything away.
“Interesting,” I heard Ethan murmur quietly beside me.
It didn’t take Dan long to count this time, but the puzzled look did not leave his face. He whispered something to the council member sitting next to him. Then he said, “The vote appears to be tied.”
“What does that mean?” someone in the audience asked.
“Right now there are not enough votes to ratify the bylaw.”
“But there are absentee ballots to consider!” Ms. Matheson blurted out. “And too many people are abstaining!” She looked at the other council members accusingly.
“Yes,” Dan said thoughtfully, “I think we need to consider a secret ballot. This is clearly a contentious issue among residents.” He paused, waiting for a reaction. There wasn’t any. It was like everyone was in shock.
Finally, Ms. Matheson spoke up. “We need to continue with the AGM. There are other items on the agenda.”
“To ensure an accurate result, I think it is best if we give everyone some time to think. I will collect the votes after the AGM,” Dan said. “Unfortunately, that means the result will not be available until the end of the week.”
The room suddenly felt stuffy. As if everyone had exhaled at once.
“Very well,” said Ms. Matheson curtly. “We will now move to the next item on the agenda.”
I turned to gather my things. I was ready to go. And apparently I wasn’t the only one who didn’t want to stay for the rest of the meeting. The sound of metal chair legs against linoleum floor filled the room as others stood to leave. The rest of the agenda was routine council
stuff. There was nothing left to vote on.
We walked as a pack through our townhouse complex with a group of parents trailing behind. One by one, my friends peeled off to their own little piece of Cedar Grove and disappeared behind different doorways.
We reached Michael’s townhouse too soon. I liked walking next to him. I felt grateful to him, for sure, but I knew it was more than that. I suddenly understood why Tyler was so different around Sarah. So nice.
We reached Tyler’s driveway last. Before turning off the road, he punched me gently on the shoulder and said, “I couldn’t have done that, Bree.”
“You didn’t have to.”
“Yeah, but now I have to practice so I can beat you to the top of a tree.”
“If the bylaw is overturned,” I said with a nervous laugh.
“It will be.”
We exchanged a smile, and then he was gone.
“You really knocked that one out of the park, Bree,” Dad said as he swung an imaginary baseball bat through the air.
“Thanks,” I said, “but we still don’t know what’s going to happen with the bylaw.”
“Well,” said Dad, “at least you ensured the vote was fair and informed.”
Mom was silent as she unlocked our front door. Just as she was about to step inside she turned to me and said, “I’m proud of you, Brianna.”
My mouth went dry and my chest warmed up as if I’d eaten something hot and spicy. Heat spread through me until my fingers and toes were tingling with happiness.
In some ways I was glad that it was going to take a while to hear from the Neighborhood Council again. I didn’t want the good feeling to go away.
Chapter 20
Ding Dong.
“Brianna? Are you going to get the door?” Mom yelled out from across the hall.
“I’m reading!” I yelled back. “Just like you wanted me to!”
I was following Mom and Dad’s advice not to climb the Spoon, Fork, or Knife until the council sorted out the bylaw. Their advice made sense. Although it was technically legal to climb those trees, I didn’t want to upset anyone who might be considering a “no” vote. But I suspected Mom had another motive. She wanted me inside, working on my end-of-the-year school project. And I wanted to be outside, climbing trees!
Ding Dong. Somehow, the doorbell sounded more urgent the second time.
“Brianna!” And so did Mom. I could tell by her voice that her eyebrows were scrunched.
“What?”
“It’s for you.”
“Tell whoever it is that you’ve trapped me in my room so I can’t come out and play.”
“It’s Ms. Matheson.”
What was she doing here?
“Come down please, Brianna.”
I sighed and put my bookmark in place. I was only on page two, but I didn’t want to read page one again. It was boring enough the first time.
I clomped down the stairs with no idea what to expect.
“Hello, Brianna,” Ms. Matheson said as soon as I got to the front hall. Apparently, Mom had asked her to come in.
“Hi, Ms. Matheson,” I said politely. The way I talk to Mr. Lee. The way you are supposed to talk to school principals and presidents of neighborhood councils. Not the way I wanted to speak at that particular moment.
“Can we sit down and talk for a minute?” she said.
“Sure,” I said hesitantly. I looked at Mom.
Mom smiled and turned back toward the kitchen. “Make yourselves comfortable in the living room,” she said over her shoulder. “I’ll make some tea.” And then I was alone with the enemy.
Even though it was my house, Ms. Matheson led the way and I followed. She sat on the couch, and I perched on the end. I waited for her to speak. I was really curious about what she had to say. It must be big, for her to come here and speak to me as if I was a real person.
“I wanted you to know that you made an excellent presentation,” Ms. Matheson said.
She looked at me, as if waiting for a reaction. I just looked back, trying hard not to give away any of the many emotions I was suddenly feeling.
“And I wanted to give you the results of the vote in person.”
“Okay,” I said quietly. It would be an understatement to say I was surprised. I didn’t expect the results for a couple more days. And I certainly didn’t expect to get them directly from Ms. Matheson.
“Here.” She handed me a piece of paper. It was pee-colored.
My hands shook as I opened it.
Dear Residents of Cedar Grove,
This notice is to inform you that interim bylaw 47.21, which prohibited tree climbing within Cedar Grove Property, has failed ratification.
An updated list of current Cedar Grove bylaws is available on our website.
The Neighborhood Council would like to remind residents that parents are responsible for ensuring the safety of their children while on Cedar Grove property.
We would also like to recognize Brianna Bridges, Unit 83, for bringing the issue of tree-climbing safety forward for discussion. As noted in her presentation at the AGM, which is posted on our website, the risk of injury while climbing can be significantly reduced through education, supervision and adherence to a few basic rules. We are pleased that Brianna has volunteered to continue offering basic tree-climbing lessons to any interested residents.
Thank you all for your cooperation.
Sincerely,
Cedar Grove Neighborhood Council
I had to read the notice three times to make sure I got it right.
“So?” I still wasn’t sure whether to laugh or cry.
“So, congratulations, Brianna,” Ms. Matheson said.
“We can climb?”
Ms. Matheson didn’t answer. Instead she asked, “Are you willing to continue offering basic tree-climbing lessons?”
Before I could reply, Mom came in with a tray of stuff for tea.
“How’s it going?” Mom asked.
They were both looking at me, so I said, “Good… I think. Does this mean it’s legal to climb all the trees?”
“Yes,” Ms. Matheson said, “and we are really hoping you will help reduce the risk of injury by providing education and supervision like it says in the notice.”
“Of course!” I said, the excitement practically bubbling out of me.
“Okay then,” Ms. Matheson said as Mom poured the tea. No one spoke.
I wasn’t sure what to do. I wanted to jump up and celebrate, but Mom had taught me it was rude to gloat. And I really did appreciate Ms. Matheson coming to give me the news in person, even if it was to ensure that I would continue providing lessons. I couldn’t believe I was now being asked to do exactly what I didn’t want to be caught doing just two short weeks ago.
The silence was bad. I felt like I was waiting in the principal’s office.
My desperation to get out of the house finally won. Breaking the uncomfortable silence, I said, “Excuse me, but can I go?”
Ms. Matheson smiled, and Mom said, “Go where?”
“Climbing!” I jumped up, unable to contain my excitement anymore.
Mom looked over at Ms. Matheson who nodded and handed her the letter.
“Go,” Mom said.
“Ethan’s waiting for you,” said Ms. Matheson.
I ran out the door and left them with their tea.
I could see Ethan in the tree as soon as I reached it.
“Come on up!” he yelled.
“I forgot how rough this one is,” I said when I was finally perched on the branch next to him. I surveyed the scrapes left on my elbow by the tree’s rough bark.
“I’ve named it Old Scratchy,” Ethan said proudly.
“Good name.”
“I bet you can’t wait to tackle Mount Everest again,” Ethan said, gesturing toward the tall tree beside us.
I nodded. “So your Mom explained it all to you?” I asked.
“She didn’t have to,” he said, “but she came out and watched me climb b
efore going over to see you. She was really impressed. Said that tree climbing had given me confidence or something.”
I looked at him and smiled.
“She also said…” Ethan hesitated.
“What?”
“That you should run for Neighborhood Council next year.”
I rolled my eyes. “I think I’ll join Tree Climbers International instead.”
We both got a good laugh out of that. Then we started climbing higher.
And it was all legal.
Acknowledgments
Many thanks to Claire, for giving me the idea, helping brainstorm the plot and suffering through the very first draft: This story wouldn’t exist without you. Thank you also to Jennifer Heath, for providing feedback, and to Sarah Harvey, for seeing the book’s potential and holding my hand through the editing process. And finally, thank you to Oliver and Spencer, for inspiring my creativity, and to Tim, for your encouragement and support.
The mother of five-year-old twin boys, Yolanda Ridge writes whenever and wherever she gets a chance. She lives in Burnaby, British Columbia, near an old-growth forest, where the trees are much too big for her to climb. Trouble in the Trees is her first book. Visit her on the web at www.yolandaridge.com.
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