DEC-S2005-057 Catherine O'Donovan, DEC-S2005-58 - Cathriona O'Donovan, DEC-S2005-059 - Breda Kiely, DEC-2005-060 - Margaret Kiely, DEC-S2005-061- Mary Kiely, DEC-S2005-062 - Thomas Kiely, DEC-S-2005-063 - Roseann Stokes, DEC-S2005-064 - Denis Stokes, DEC-S2005-065 - John Rose, DEC-S2005-066 - Tom Rose, DEC-S2005-067 - Anne Kiely, DEC-S2005-068 - Demelza Walsh, DEC-S2005-069 - Denis Walsh, DEC-S2005-070 - Helen Walsh, DEC-S2005-071 - Gerald Stokes, DEC-S2005-072 - Dolores Stokes, DEC-S2005-073 - Jimmy Stokes, DEC-S2005-074 -Mary Stokes, DEC-S2005-075- Ellen Stokes, DEC-S2005-076 - Danny Stokes , DEC-S2005 -077 - Christy Roche, DEC-S2005-078 - Mary Roche, DEC-S2005-079 Eileen Stokes, DEC-S2005-080 - Mossie Stokes, DEC-S2005-081- Willie O'Reilly, DEC-S2005-082 - David Hogan, DEC-S2005-083 - John Kiely, DEC-S2005-084- James McCarthy, DEC-S2005-085 - Laura McCarthy, DEC-S2005-086- Margaret McCarthy, DEC-S2005-087 - Michael McCarthy, DEC-S2005-088 - Patrick (Mikes) McCarthy, DEC-S2005-089 - Patrick"Ter" McCarthy, DEC-S2005-090 - Trevor McCarthy, DEC-S2005-091 - Michael O'Donoghue V. Cantorland Limited t/a the Blackrock Inn (Cork) (Represented by Mr. Pearse Sreenan B.L. instructed by Stokes & Co. Solicitors)
Delegation under Equal Status Act, 2000
The complainants respectively referred claims to the Director of Equality Investigations on 22 May 2002, under the Equal Status Act, 2000. In accordance with her powers under section 75 of the Employment Equality Act, 1998 and under the Equal Status Act, 2000, the Director then 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 Act, 2000.
1. Dispute
1.1 The dispute concerns a claim by the above name complainants that they were discriminated against by the Blackrock Inn on the ground that they are members of the Traveller Community in that they were refused access to a party which was pre-booked. The complainants alleges 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 Complainants’ and Respondent’s Case
The full facts of the case are set out in the case of Mr. Martin Kiely v. The Blackrock Inn. See Decision No: DEC-S2005-056
2.1 The complainants are all members of the Traveller community living in Cork. They allege that they were discriminated against by the respondent contrary to the Equal Status Act, 2000 after they were refused entry to the respondent’s premises on 24 December 2001. The complainants contend this occurred because they are members of the Traveller community. They submitted that Mr. Martin Kiely had pre-booked a party at the Blackrock Inn, but when they arrived there they were not allowed to enter the party venue. Some of the complainants stated that they then requested permission to enter the main bar but they were also refused.
2.2 The respondent denied that the complainants were discriminated against on the Traveller community ground. It was submitted that the function room was not booked and they could not admit the complainants to the public bar as it was very crowded. As it was Christmas Eve they had not got sufficient staff on duty to cater for such a large crowd and the bar was closing early to allow staff home for Christmas.
3. Conclusions of the Equality Officer
3.1 Having heard the evidence of both parties, I find that the complainants have not established prima facie cases of discrimination in relation to their attendance at the Blackrock Inn on 24th December, 2001. (see Decision in the case of Martin Kiely v. Cantorland Limited t/a the Blackrock Inn Decision No: DEC-S2005-056). Some of the complainants further submitted that they requested entry to the main bar but the respondent refused them. The respondent submitted that he could not allow such a large party into the pub on Christmas Eve as he had not got sufficient staff on duty and in any event the bar was already very crowded. I am also satisfied that the respondent could not admit the complainants for these reasons. I find therefore, that the complainants were not treated less favourably than non Travellers would have been treated in similar circumstances.
4. Decision
4.1 On the basis of the foregoing I find that the complainants were not discriminated against by the respondent, the Blackrock Inn, 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.
4.2 It should be noted that in the cases of the following complainants prima facie cases could not be established because the complainants failed to attend the hearing: DEC-S2005-075- Ellen Stokes, DEC-S2005-076 - Danny Stokes , S2005-082 - David Hogan, DEC-S2005-084- James McCarthy, DEC-S2005-085 - Laura McCarthy, DEC-S2005-086- Margaret McCarthy, DEC-S2005-087 - Michael McCarthy, DEC-S2005-088 - Patrick (Mikes) McCarthy, DEC-S2005-089 - Patrick"Ter" McCarthy, DEC-S2005-090 - Trevor McCarthy, DEC-S2005-091 - Michael O'Donoghue.
__________________
Marian Duffy
Equality Officer
1st July, 2005