Nora Doyle, Ann Doyle, and Anne Meaney
V
Mulcahy's Bar, Clonmel
(Represented by Lynch & Partners, Solicitors)
Nora Doyle, Ann Doyle and Anne Meaney each referred a claim of discrimination on the Traveller ground 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, the Director then delegated the case to me, Bernadette Treanor, 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.
Summary of the Complainant's case
The complainants travelled to Clonmel on 4th July 2003 in order to take Nora Doyle's daughter and her younger sister to the cinema. Rather than wait in the car until the film was over they decided to enter the respondent premises to wait. Nora was over three months pregnant and needed to use the facilities anyway. When they entered they went to the ladies' room first and then they went to the bar. Ann Doyle ordered orange for herself as she was driving, an orange juice for Nora who was pregnant and a lager for their friend Anne Meaney. Initially they were ignored but when the drinks were requested again they were told loudly and aggressively that they would not be served. When they asked for a reason they were told that they would not serve 'ye lot' or 'people like you'. This was the first time they had ever been refused anywhere. They were shocked and upset. It was Friday night and the bar was busy. They were also very embarrassed.
Summary of the Respondent's Case
The respondent accepts that the complainants are members of the Traveller community and that they were refused service. When they entered the bar the manager had an opportunity to watch their progress as they made their way to the ladies' room and then to the bar. He was of the opinion that one of them had already been drinking because she had a slight stagger. At the hearing he could not indicate which of the complainants it was. He confirmed that he did not engage the lady in conversation at the time. He decided that he would not serve the group. He came out from behind the bar and told them discreetly that they would not be served. When they asked for a reason he repeated that they would not be served
Conclusions of the Equality Officer
Ms. Anne Meaney failed to attend the hearing and as such she has failed to substantiate her claim of discrimination. She has therefore failed to establish a prima facie case of discrimination.
In relation to Nora and Ann Doyle, I am satisfied that they are members of the Traveller community and that they were refused service on 4th July 2003. I am also satisfied, based on the evidence presented, that both were not drinking alcohol on the night.
I am also satisfied as to the veracity of the respondent's evidence that he thought one of the group had been drinking but could not identify either of the complainants at the hearing as that person.
The entire matter appears to relate to the third complainant who did not attend the hearing. The evidence is that this person intended to drink alcohol that evening. She may also have been the person who had been identified as having been drinking before the refusal. However, since she failed to attend the hearing I have been unable to test the related evidence from the perspective of either party.
Based on the totality of the evidence presented to me, I am not satisfied that the complainants were less favourably treated than a non-Traveller would have been in similar circumstances. Therefore, I find that the complainants have failed to establish a prima facie case of discrimination on the Traveller ground.
Decision DEC-S2007-094
I find that the complainants have failed to establish a prima facie case of discrimination on the Traveller ground
Bernadette Treanor
Equality Officer
21st December 2007