Joseph Kerry
V
Fox's Bar, Galway
Dispute
This complaint was lodged on the Traveller community ground. The complainant claims that he, his then girlfriend and her mother were refused entry to Fox's Bar, Eyre Square, Galway on St Patrick's Day, 17 March 2003 because of their membership of the Traveller community.
The respondents claim that the group was refused entry because the complainant was not wearing the correct attire.
Evidence Provided
The Hearing of the complaint was held on 11 July 2007 and was attended by the complainant, Joseph Kerry, and Mr Ciaran Levanzin on behalf of the respondents. Mr Levanzin declared that he had a 50% share in Fox's Bar in 2003 and was now the full licence holder. He said he was also the General Bar Manager of the pub in 2003.
At the Hearing, the complainant stated that he lived in Roscrea in 2003 and that on St Patrick's Day 2003, he decided to visit Galway City for the parade with his then girlfriend and her mother. All three were members of the Traveller community. He said that he drove to Galway and they arrived around 12.30 pm. They then had lunch and walked around for a while taking a few photos. At around 4.30 pm they decided to go home but before doing so, they decided to visit a pub as the mother needed to get a drink to take with her medication. Fox's Bar was the first pub they met on their way back to the car.
Mr Kerry states that when they sought entry to Fox's Bar, they were refused by a bouncer. When he was not given an explanation, Mr Kerry said that he then asked whether he could get a glass of water for the mother but was told "Paying customers only" and refused again. He then asked for the manager but was told he was not available. After about 15 minutes they left the pub, drove out of Galway and stopped at a garage to get water for the mother to take with her medication.
Mr Kerry believes that his group were refused because they were recognised as Travellers. While he and his girlfriend were respectably dressed (as per a photograph he introduced into evidence at the Hearing which he claims was taken on 17 March 2003), he said that it would have been obvious from the mother's jewelery that she was a member of the Traveller community.
Mr Levanzin gave evidence that he was one of three staff standing at the door of the pub on 17 March 2003 when the group arrived. On hearing this, Mr Kerry said that he did not recognise Mr Levanzin as having been present on the day. In responce, Mr Levanzin said that this could have been because he wore glasses at the time and he went on to say that, at this point in time, he himself could not remember for certain whether Mr Kerry was the gentleman who he recalls seeing on 17 March 2003.
Mr Levanzin stated that door staff had been instructed to operate a strict dress code on the day in question and that potential customers wearing tracksuits and runners were not to be admitted.
Mr Levanzin said that he had a clear recollection of what happened at the time the group arrived and were refused entry. He says that he recalls seeing the gentleman with a can of cider in his hand and that it was obvious from his demeanour that he already had drink taken. He also recalls the group having a buggy and a small child with them. His and his staff's recollection is that all three adults were wearing tracksuits and were refused admission for this reason.
He says that the group then went to the pub next door where they also were refused admission.
At the end of the Hearing, Mr Levanzin was asked whether his pub maintained an Incident Report Book and, if so, whether this incident had been recorded in it. He said that the incident had been recorded and undertook to submit the book in evidence after the Hearing.
Incident Report Book
Shortly after the Hearing, Mr Levanzin submitted the Incident Report Book to me for inspection. On examination, I found that the book contained one entry signed by John Cummins for 17 March 2003 in date order in the book. Two other entries referring to 17 March 2003, signed by John Angland and Cathal Mulhall, were written at the very back of the book. Mr Levanzin stated that this was an error on their behalf.
Conclusions of the Equality Officer
On examination of the Incident Report Book, I noted the following:
- All three accounts referred to the group being refused for wearing the "wrong attire" (one account referred to them wearing tracksuits and runners).
- All three writers refer by name to one or other of their colleagues. However, none of them refer to Mr Levanzin himself being present.
- There is no reference in any account to a man "having drink taken" or carrying a can of cider as claimed by Mr Levanzin at the Hearing. In addition, there is no reference to a child or buggy in any account.
In considering the explanation that the refusal took place because the group were wearing the "wrong attire", I have taken cognisance of the photograph which Mr Kerry submitted in evidence which he claims was taken on that same day in Galway.
The photo clearly shows the couple standing with their back to the Wolfe Tone Bridge in Galway City. The picture shows Mr Kerry wearing jeans, an Ireland tee-shirt and a wool cardigan. His girlfriend is seen wearing jeans and a tee-shirt. In my opinion, both look respectably dressed.
The question then arises as to whether the photograph was taken on 17 March 2003 or on a different date. In considering this point, I have noted the fact that there is a lot of activity going on around the bridge with many people either sitting down or walking around in the sunshine. The situation is indicative of a Bank Holiday setting in my opinion. Also, in addition to Mr Kerry wearing an Irish tee-shirt, there is also a girl in the picture sitting beside him wearing a green Ireland football jersey which leads me to believe, on the balance of probability, that the photograph was taken on St Patrick's Day.
On the basis of the above, I am prepared to accept that Mr Kerry and his girlfriend did visit Galway on St Patrick's Day 2003 and that were respectably dressed on the day itself. Accordingly, I find that I cannot accept the explanation that the group were refused entry because of their "attire". Instead, I consider that the group were recognised as Travellers, most likely from the mother's appearance and dress, and that this was the reason they were refused access to the pub on 17 March 2003.
Having considered the above points and the inconsistencies in Mr Levanzin's own evidence, I find that the complainant was discriminated against by the staff of Fox's Bar on 17 March 2003 contrary to the provisions of the Equal Status Acts 2000 - 2004.
Decision
I find that the complainant has established a prima facie case of discrimination on the Traveller community ground and I order that the respondent pay him the sum of €500 for the hurt and humiliation suffered.
Brian O'Byrne
Equality Officer
7 January 2008