OFFICE OF THE DIRECTOR OF EQUALITY INVESTIGATIONS
Equal Status Act 2000
EQUALITY OFFICER'S DECISION NO: DEC-S2002-026-027
Kathleen & Robert O'Brien
V
The Americano Bar, Listowel, Kerry
File No. ES/2001/162 - 163
Date of Issue 27/03/2002
Headnotes:Equal Status Act, 2000 - Direct discrimination, section 3(1)(a) - Membership of the Traveller community, Section 3(2)(i) - Disposal of goods and supply of services, Section 5(1) - Refusal of service in a pub - Activities not discrimination, section 15(1) and 15 (2)
This dispute concerns a claim by Kathleen and Robert O'Brien that they were discriminated against by the proprietor of the Americano Bar contrary to the Equal Status Act, 2000, on the grounds that they are members of the Traveller community. The complainants allege that they were discriminated against on the Traveller community ground by the respondent when Robert O'Brien was refused service in, and both complainants were told to leave, the respondent's premises on 11 February, 2001. The respondent denies that the complainants were discriminated against and stated in written evidence that the only reason service was refused on 11 February, 2001 was because Robert O'Brien had refused to leave the premises at closing time on an earlier date.