Patrick Quilligan, Patrick O'Reilly, Olive O'Reilly, Anne O'Reilly, John O'Reilly,
Thomas McInerney, Julia McInerney, Tomas Quilligan, Bridget Quilligan,
Ned Reilly, Michael O'Brien, Ellen O'Brien, Michael O'Brien and Helen O'Brien
(represented by the Waterford Traveller CDP )
V
"South" Nightclub, Tramore
( represented by Keans Solicitors)
Key words
Equal Status Acts 2000 - 2004 - Direct discrimination, section 3(1)(a) - Membership of the Traveller community, section 3(2)(i) - Supply of goods and services, section 5(1) - Refusal of admission to a nightclub - Non attendance at hearing by respondent
Delegation under the Equal Status Acts
This complaint was referred to the Director of Equality Investigations under the Equal Status Acts 2000-2004. In accordance with her powers under section 75 of the Employment Equality Act 1998 and under the Equal Status Acts, the Director has delegated the 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 Acts, 2000-2004.
Dispute
This dispute concerns a complaint by Patrick Quilligan, Patrick O'Reilly, Olive O'Reilly, Anne O'Reilly, John O'Reilly, Thomas McInerney, Julia McInerney, Tomas Quilligan, Bridget Quilligan, Ned Reilly, Michael O'Brien, Ellen O'Brien, Michael O'Brien and Helen O'Brien. The complainants claim that, despite having already bought tickets for the event, they were refused admission to a New Years Eve party in the "South" Nightclub, Tramore on 31 December 2002. The complainants believe that the refusal was solely because they were recognised as members of the Traveller community.
Background
Both parties were notified by registered post on 19 October 2006 that the Hearing of the complaint would be held at 10 am on Thursday 30 November 2006 in the Tower Hotel, Waterford. Prior to the Hearing, confirmation was obtained from An Post's website that the registered letters had been delivered to the parties. An Post's records show that the respondents' notification was delivered on 25 October 2006.
Hearing on 30 November 2006
At 10 am on 30 November 2006, all 14 complainants arrived for the hearing with their representatives together with a Garda witness. As there was no sign of the respondents, the commencement of the hearing was delayed for 30 minutes.
When the respondent had not appeared by 10.30 am, I convened the hearing explaining that, irrespective of whether the respondent was present or not, the onus was still on the complainants to establish a prima facie case of discrimination. I then proceeded to take the evidence of the complainants and the Garda witness. At 11.25 am, I closed the hearing stating that I would issue my decision shortly in the matter.
Complainant's Evidence
The complainants gave evidence that they had separately purchased tickets, in groups of 3 or 4, for the 31 December 2002 function at various times during the afternoon and evening of 31 December 2002 itself. These tickets were bought directly from the "South" nightclub and the only advice they were given when buying tickets was to bring ID with them.
The complainants say that each group had made their own arrangements to go the function and that they had been unaware of the other groups' plans for the night until they met outside the nightclub.
The groups say that they all arrived at separate times at the nightclub between 9.30 pm and 10 pm on New Years Eve and that each group was denied admission on arrival by the bouncers.
One group was told that " the manager said you were not to be let in". Others were told that they were not being admitted because the bouncers did not know them or because they had not been there before.
They asked the bouncers to call the Gardai and the Gardai arrived soon afterwards. The Gardai spoke to the bouncers and then told the group that they weren't being allowed in and that the bouncers were not prepared to give a reason. The Gardai told them that they could not do any more for them. The group then left quietly
Evidence of Garda Michael Barry
Garda Barry gave evidence that he and three other Gardai were summoned to the South Nightclub on 31 December 2002 to deal with a situation where "Travellers had forced their way past security"
When he arrived, he said that he met a large group of Travellers outside the nightclub. There was no evidence that any of them were under the influence of alcohol and the group were very polite in their dealings with him.
He recalls speaking to a Michael O'Brien who explained to him that they had bought tickets earlier from the nightclub but were not now being admitted. Another Garda spoke to the security staff who confirmed that the group had been refused but who would not give a reason as to why. The group then left quietly.
HGarda Barry said that the only reason he could see for the refusal was that the group had been recognised as Travellers.
When asked about the "South" Nightclub, Garda Barry said that his recollection was that the nightclub had been established by a local business man, Mr Vince Power, and that it hosted big music events that attracted people from all over Waterford as well as from neighbouring counties. His understanding was that big-name DJs were brought in from the UK for these events.
Because of the nature and variety of the entertainment provided and the fact that its patrons would not necessarily have lived locally, he said that it was unlikely that "South" would have survived if it had applied a "regulars only" policy
He understands that "South" closed down 2 years ago and that the premises has been acquired since by Dunnes Stores.
Decision
In complaints such as this, the onus is on the complainants to establish a prima facie case by appearing at the hearing to give evidence. At the hearing on 30 November 2006, I took the evidence of the 14 complainants. Overall, I found the group to be very credible witnesses and I find that I have no reason to question the account they gave of the events of 31 December 2002 particularly as they have been able to support their evidence by producing the original tickets which were purchased for the function. I am also satisfied that Garda Barry's evidence substantiates the testimony of the complainants. I am, therefore, satisfied that the 14 complainants have established a prima facie case of discrimination with regard to the events of 31 December 2002.
Normally in such circumstances, where a prima facie case has been established, the respondent is provided with an opportunity to rebut the allegation of discrimination by showing that there was a genuine non-discriminatory reason for the events that occurred. On this occasion, however, the respondent did not avail of the opportunity to do so by attending the hearing.
Accordingly, I find that a prima facie case of discrimination has been established by the complainants on the Traveller community ground in terms of sections 3(1) and 3(2)(i) of the Equal Status Acts 2000-2004 and that the respondent has failed to rebut the allegation.
I find in favour of the complainants and order that the respondent pay each of the 14 complainants the sum of €500 for the hurt and humiliation each suffered on the evening of 31 December 2002.
Brian O'Byrne
Equality Officer
18 January 2006