OFFICE OF THE DIRECTOR OF EQUALITY INVESTIGATIONS
Equal Status Act 2000
EQUALITY OFFICER DECISION NO: DEC - S2002-014
Mr Michael Collins
(Represented by Hughes Murphy Walsh & Co., Solicitors)
-v-
Owner, Club Sarah
(Represented by Malone & Martin, Solicitors)
File Ref: ES/2001/38
Date of Issue: 8th March, 2002
Headnotes:Equal Status Act 2000 - direct discrimination - section 3(1)(a) - membership of the Traveller community ground - section 5(1) - refusal of service in a night club - prima facie evidence - section 15 defence.
Mr Michael Collins claimed that at 9.55 p.m. approximately on 26th December, 2000, he sought admission to Club Sarah with his brother and two friends. He claimed that he and his companions are all members of the Traveller community and that all four of them were refused admission. He claimed that he was discriminated against by the respondent contrary to the Equal Status Act, 2000, because the reason for his refusal was based on his membership of the Traveller community.
The respondent claimed that the complainant was not discriminated against contrary to the Equal Status Act, 2000. It claimed that the reason the complainant and the other people he was with were not admitted was because they had no ID, they were not known to the doorman who refused them and they were abusive. The respondent claimed that the complainant was not treated differently because of his membership of the Traveller community. The respondent also claimed that it was acting in good faith for the sole purpose of ensuring compliance with the Licensing Acts when the complainant was refused.