James, Linda and Anna McCarthy
(represented by J.J. Fitzgerald & Co. Solicitors)
V
Barretts Public House, Thurles
(represented by John Whelan, Solicitor)
Dispute
This complaint was lodged on the Traveller community ground. The complainants claim that they were refused service in Barrett's pub on the evening of 26 April 2002 because of their membership of the Traveller community. The respondents claim that the group was refused service because they were accompanied by a female friend, Louise Darcy, who the barman knew to be underage.
At the Hearing on 27 September 2007, I heard the evidence of the three complainants and Ms Darcy, a non-Traveller, as well as the evidence of Mr Joseph O'Dowd who was the barman on the night.
While there was much disagreement between the parties at the Hearing as to the specific events that occurred on 26 April 2002, the following facts did emerge:
On the night in question, all three complainants were over 18 but not all three had identification with them.
Ms Darcy accepts that she was only 17 on the night in question and says that, because of her age and the fact that she is not a member of the Traveller community, she did not lodge a complaint in her own right.
James McCarthy was a regular visitor to Barretts prior to 26 April 2002. He used to play pool there and believes that staff would have known of his Traveller background. He had no problem getting served in Barretts before and he has been served since in Barretts.
Both Linda and Anna McCarthy had attended Traveller functions in Barretts before April 2002 without any trouble.
The barman, Joseph O'Dowd, stated that he had served James McCarthy before and knew him to be a Traveller.
Mr O'Dowd also knew Louise Darcy's family well and knew she was underage. This was the reason he says that they were asked to leave on 26 April 2002.
Conclusions of the Equality Officer
Having considered the above points and the full circumstances of this case, I can find no evidence to suggest that the group were refused specifically because of the complainants' Traveller background. Instead, I am prepared to accept that Mr O'Dowd did recognise Ms Darcy as being underage and that this was the reason that the group were asked to leave.
Decision
I find that the three complainants have failed to establish a prima facie case of discrimination on the Traveller community ground and I find in favour of the respondents in the matter.
Brian O'Byrne
Equality Officer
31 October 2007