DEC-S2005-190 Mr. Patrick Delaney, DEC-S2005-191 Mr. Michael McDonagh,
DEC-S2005-192 Mrs. Mary McDonagh, DEC-S2005-193 Mr. James Delaney.
DEC-S2005-194 Ms. Crystal McDonagh, DEC-S2005-195 Ms. Amanda McDonagh.
V
Unicorn Bars and Restaurants Ltd. (Limerick)
(Represented by Michael Houlihan & Partners Solicitors)
Equal Status Acts 2000-2004
Equality Officer Decision
DEC-S2005-190-195
Summary of Decision DEC-S2005-190-195
Key words
Equal Status Act, 2000 - Direct discrimination, section 3(1) - Traveller community,
Section 3(2)(i) - age, Section 3(2)(f) - supply of goods and services, Section 5(1) - service in pub, prima facie case, failure to attend hearing
Dispute
The complainants alleged that they were discriminated against by the respondent on the Traveller community ground in that they were refused a service which is generally available to the public. The complainants alleged that the respondent discriminated against them in terms of Sections 3(1)(a), and 3(2)((i) of the Equal Status Act, 2000 contrary to Section 5(1) of that Act.
Summary of Case
The complainants all members of the Traveller community (father, mother their two daughters and their two future sons-in -law) were travelling to Cork on when they stopped off at the respondent's bar to have something to drink and they were refused service. The respondent's case is that he suspected that two of the complainants were under 18 years of age and it was the pubs policy not to serve customers under18 and it was for this reason service was refused to the whole group.
Decision
The Equality Officer found that the respondent departed from his stated procedure in relation to seeking ID from customers whom he suspects are under 18 years old and refused service to the whole group without giving any reason. She concluded on the balance of probabilities that the refusal of service was connected to their membership of the Traveller community. The Equality Officer found that two of the complainants Michael and Mary McDonagh established prima facie cases of discriminatory treatment which the respondent failed to rebut. She ordered the respondent to pay Mrs. Mary McDonagh €400 and Mr. Michael McDonagh €300 for the effects of the discriminatory treatment.
The four other complainants failed to attend the hearing and the Equality Officer found that they did not establish prima facie cases of discriminatory treatment and that they were not discriminated against by the respondent on the Traveller community ground contrary to Section 3(1) and 3(2) (i) of the Equal Status Act, 2000 and in terms of Section 5(1) of that Act.
Equality Officer Decision
DEC-S2005-190 Mr. Patrick Delaney, DEC-S2005-191 Mr. Michael McDonagh,
DEC-S2005-192 Mrs. Mary McDonagh, DEC-S2005-193 Mr. James Delaney.
DEC-S2005-194 Ms. Crystal McDonagh, DEC-S2005-195 Ms. Amanda McDonagh.
V
Unicorn Bars and Restaurants Ltd. (Limerick)
(Represented by Michael Houlihan & Partners Solicitors)
Delegation under Equal Status Acts, 2000-2004
The complainant referred a claim to the Director of Equality Investigations (now the Equality Tribunal) on 4th December, 2002 under the Equal Status Acts, 2000 - 2004. In accordance with her powers under section 75 of the Employment Equality Act, 1998 and 2004 and under the Equal Status Acts, 2000 - 2004, on 22nd September 2005 the Director delegated the case to me, Marian Duffy, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part III of the Equal Status Acts, 2000 - 2004. The hearing took place in Limerick on 8th November 2005.
1. Dispute
1.1 The dispute concerns a claim by the above named complainants that they were discriminated against by Unicorn Bars and Restaurants Ltd., on the Traveller Community ground in that they were refused a service which is generally available to the public. The complainants allege that the respondent discriminated against them in terms of Sections 3(1)(a), and 3(2)(i) of the Equal Status Act, 2000 contrary to Section 5(1) of that Act.
2. Summary of the Case
2.1 The complainants (father, mother their two daughters and their two future sons-in -law) were travelling to Cork on 7th September 2002 when they stopped off at the respondent's bar as one of the complainants, Mrs. Mary McDonagh, was pregnant and wished to have something to drink. Mr. Michael McDonagh said that they entered the respondent's pub at around 9:30pm and together with Mr. Patrick Delaney and Mr. James Delaney, he went up to the bar to order, while his wife Mrs. Mary McDonagh and his two daughters Amanda and Crystal McDonagh went to the back of the pub to find seats. He said that he placed the order with the barman, Mr. Jim Anderson, who told him he was not being served and refused to give a reason. He then asked for a glass of water for his wife and this was also refused. He spoke to the manager who told him that they were not being served as the pub was packed and that two of his party was underage. Mr. Michael McDonagh said that he went to the Garda station to complain about not being served because they are Travellers while his wife and daughters stayed in the pub. They were eventually offered a drink but they refused and left the pub.
2.2 The respondent's case is that the complainants came to the pub sometime after 10pm. There is a policy in the pub that under 18s were not served in the premises after 9pm. Mr. Anderson the barman on duty said that he became suspicious of the complainants as soon as they came in as 5 of them went straight to the toilets and Mr. McDonagh came to the bar to place the order. He said that he did not listen to the order because he had made up his mind not to serve them because of his suspicions and because he was afraid that alcoholic drinks would be ordered for people under 18 years of age.. He said that he told Mr. McDonagh "not tonight". Mr. McDonagh asked for a reason a number of times and he did not give it to him. Following a request from Mr. McDonagh to see the manager Mr. Anderson agreed with the manager to serve the complainants if those under 18 could produce ID. He said that subsequently he got a telephone from a member of an Garda Síochana saying that Mr. McDonagh had made a complaint. He agreed to serve the complainants if Mr. McDonagh gave an undertaking that his 16 year old daughter would not drink alcohol. The complainants had left premises and did not return.
3. Conclusions of the Equality Officer
3.1 It was accepted that the complainants are members of the Traveller community and were refused service on 7th September 2002. I have examined the evidence to see if the complainants were treated less favourably than non-Travellers would be treated in similar circumstances. I note that the policy of the pub was to ask young people for age identification, and anybody under 18 in a group would be asked to leave the pub at 9pm, or be refused entry if it was after 9pm when they entered the pub, while the people over 18 would be served provided they had age identification if they looked young. In this case I note that the complainants Amanda and Crystal McDonagh, who the respondent believed were under 18 were not asked for age identification until after the refusal of service, nor did he ask Mr. McDonagh for age identification for his daughters at the time of the refusal of service, nor did he give a reason to Mr. McDonagh for refusing service. I am satisfied that Mr. Anderson departed from his stated procedures and refused service without knowing whether the young people in the group were over 18 years old.
3.2 This departure from stated procedures leads me to conclude that the complainants were treated less favourably than non-Travellers would have been treated in similar circumstances. I accept that the pub serves Travellers and I note that the complainants accept that there were Travellers present on the night in question. There has however been no evidence that Mr. Andersons suspicions of the complainants were for any particular reason and I have concluded on the balance of probabilities that it was connected to their membership of the Traveller community. I am satisfied that the initial refusal of service by Mr. Anderson would have led the complainants to believe that the refusal of service was connected to their membership of the Traveller community. Under the Equal Status Act all that is required for discrimination to occur is that a person is treated less favourably than another person would be treated where the only difference between them is their inclusion under one of the discriminatory grounds specified in the Act, in this case membership of the Traveller community. Proof of intention to discriminate is not a requirement of the legislation. I find therefore that the complainants, Mr. Michael McDonagh and Mrs. Mary McDonagh have established prima facie cases of discriminatory treatment and the evidence of the respondent does not provide a rebuttal of those cases.
3.3 The complainants Mr. Patrick Delaney, Mr. James Delaney, Ms Crystal McDonagh and Ms. Amanda McDonagh did not attend the hearing. I was informed that they were attending the funeral of an uncle of the Delaneys. I note that the death having occurred a number of days prior to the hearing, the Tribunal was not informed of their non-attendance until the hearing was about to commence, neither was there any evidence produced to substantiate the death. In the circumstances, I find that by their failure to attend the hearing, the above named complainants failed to establish prima facie cases of discriminatory treatment and accordingly their complaints are dismissed.
4. Decision
4.1 On the basis of the foregoing, I find that the complainants Mr. Michael McDonagh and Mrs. Mary McDonagh were discriminated against by the respondent on the Traveller community ground contrary to Section 3(1) and 3(2)(i) of the Equal Status Act, 2000 and in terms of Section 5(1) of that Act. I order Unicorn Bars and Restaurants Ltd., to pay the complainants Mr. Michael McDonagh DEC-S2005-191 the sum of €300 (three hundred euro) and Mrs. Mary McDonagh DEC-S2005192 the sum of €400 (four hundred euro) for the distress and inconvenience caused to them. The higher award to Mrs. McDonagh reflects the greater distress caused to her by refusing her a drink as she was pregnant.
Marian Duffy
Equality Officer
15th December, 2005