Seamus Maughan
-v-
Mulroy's Bar & Mulroy's Filling Station, Castlebar
Key words
Equal Status Act 2000 - Direct discrimination, section 3(1)(a) - Discrimination on the Traveller community ground, section 3(2)(i) - Supply of goods and services, section 5(1) - Refusal of service in a pub - Refusal of service in a Shop
Dispute
This dispute concerns a complaint by Seamus Maughan that he was discriminated against, contrary to Sections 3(1), 3(2)(a) and 3(2)(i) of the Equal Status Act 2000, by Mr John Mulroy, of Mulroy's Bar and Mulroy's Filling Station, Castlebar on the grounds of his membership of the Traveller community. The complainant states that when he visited Mulroy's Bar with a relative on 27 January 2002, he was informed by the owner, Mr John Mulroy that he was not being served. Some weeks later on 14 February 2002, he says that Mr Mulroy threatened him in the shop attached to Mulroy's Filling Station and told him was barred from the shop thereafter. Mr Maughan believes that this occurred because Mr Mulroy knew him to be a member of the Traveller community.
Delegation under the Equal Status Act, 2000
This complaint were referred to the Director of Equality Investigations 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 has delegated this complaint to myself, Brian O'Byrne, 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.
Complainant's Evidence
Mr Maughan has lived in Castlebar all his life.
He used to visit Mulroy's bar regularly prior to 2002 and never had any trouble getting served.
It was his birthday on 27 January 2002 and he went out with a cousin of his for a few drinks around 8 pm. He does not believe that his cousin had been drinking earlier that day but cannot be 100% certain.
His cousin now lives in England and was unavailable for the Hearing.
They had 3 or 4 drinks in another pub before visiting Mulroys around 9.30 pm.
As soon as they entered the pub, John Mulroy approached them and told them that he was not serving them. He would not give a reason.
They argued with him for a while before he said he was calling the Gardai. They waited a short while but when the Gardai did not arrive, they left the pub.
Over the period of that evening, they were refused in 2 other pubs but were served in others.
Some weeks later, he was buying cigarettes in the shop attached to Mulroy's Filling Station when John Mulroy approached him and said "You know you are not allowed in here - you abused me some weeks ago". He said that Mr Mulroy also physically threatened him on that occasion.
Mr Maughan has since returned to the shop and has had no problem getting served.
Evidence of Respondent and his Witnesses
Mr John Mulroy said that Mr Maughan was not known to him prior to 27 January and that he did not recognise him as a Traveller when he met him that evening.
Mr Mulroy said that his first recollection of Mr Maughan was when he and his friend entered the pub around 9.30 pm on 27 January 2002. He noticed them immediately as the friend banged against the door as he entered. He got the distinct impression that the friend was very drunk while Mr Maughan certainly had some drink taken.
He decided at that point to inform them that he was not serving them. Both men began to argue with him and referring to Traveller rights. He distinctly recalls Mr Mulroy saying that he knew his family, knew they had money and that "he would take you for every penny".
Mr Mulroy called the Gardai at that point but when the men left some minutes later, he called again to say they were not needed.
When Mr Mulroy met Mr Maughan some weeks later in the Filling Station shop, he told him that he wouldn't be served in the shop because he had threatened his family in the pub some weeks earlier.
At the Hearing on 18 January 2006, three other witnesses for the respondent gave evidence - his wife, Ms Toni Mulroy, Mr Noel Quinn and Mr Stephen Connolly. Ms Mulroy was working behind the bar while the other two were customers. All three recalled how they were in the bar around 9.30 pm on 27 January 2002 when two men arrived suddenly. All three agree that one of the men was very drunk.
All three also state that when Mr Mulroy refused them service, the two men used threatening and abusive language towards him. The two men left after Mr Mulroy called the Gardai.
Conclusions of the Equality Officer
Having taken into consideration the evidence of all concerned and the fact that Mr Maughan's cousin was not available to give evidence himself, I have formed the opinion that Mr Mulroy, in his belief that at least one of the two men was intoxicated, was acting in accordance with his obligations under the Licensing Acts in refusing service to the two men. For this reason, I consider that Mr Mulroy was acting "in good faith" in accordance with the provisions of Section 15 (2) of the Equal Status Acts and that his action did not constitute discrimination.
In considering the incident in the Filling Station on 14 February 2002, I also consider that Mr Mulroy, in responding to the threats he felt had been made against his family, had a sufficient non-discriminatory motive for telling Mr Maughan that he was barred from the premises.
I, therefore, find that a prima facie case of discrimination has not been established on the Traveller community ground in respect of the incidents on 27 January 2002 and 14 February 2002.
Decision
I find that a prima facie case of discrimination has not been established by the complainant on the Traveller community ground in relation to the incidents concerned.
Accordingly, I find in favour of the respondents in the matter
Brian O'Byrne
Equality Officer
27 February 2006