Michael Ward
V
The Fiddler's Elbow Pub, Ballaghderreen
(represented by C.E. Callan & Co., Solicitors)
Dispute
This complaint was lodged on the Traveller community ground. The complainant claims that he was refused service in the Fiddler's Elbow pub on the evening of 31 August 2001 because of his membership of the Traveller community. While their records show that the refusal occurred on 25 August, the respondents claim that he was refused service because he was part of a group who had caused problems in the pub on 17 August 2001.
At the Hearing of the complaint on 20 September 2007, reference was made to two incidents that had occurred in the pub prior to 31 August 2002. The first involved a minor altercation between the complainant and the pub owner over the placing of a beer glass on a pool table. The second involved a night where a group of women allegedly refused to desist from dancing when asked and a glass was deliberately broken by a woman who was in the company of the complainant.
At the Hearing, it was the complainant's recollection that both incidents had occurred on the same night, a few weeks prior to 31 August 2001. For their part, the respondents claimed that the first incident had occurred around Christmas 2000 and that the second had occurred on 17 August 2001. In evidence, the respondents produced correspondence from 2001 from the complainant's representatives, the Equality Authority, supporting their view. Having reflected on the correspondence produced at the Hearing, the complainant subsequently accepted that two separate incidents had been involved and that the incident involving the pool table had occurred around Christmas 2000.
Evidence Given at Hearing on 20 September 2007
Mr Ward was born in Ballaghderreen and lived there all his life up until the time of the incident in 2001. He now lives in Castlerea.
Mr Ward visited the Fiddlers Elbow every few months up until 2001 and had no problem getting served there. He often drank in the pub with other locals some of whom were Travellers.
He knew the barwoman Jackie Moriarty by name and she would have known of his Traveller identity.
On one occasion (circa Christmas 2000), a minor altercation took place between Mr Ward and the pub owner, Jim Tully, over the removal of a beer glass from a pool table during which time some beer was spilt over Mr Ward.
A few weeks prior to the refusal on 31 August 2001, the complainant and his wife visited the Fiddlers Elbow with a group of Traveller friends and relatives on Mr Ward's side, who had paid him a visit following the death of his father.
Mrs Ward gave evidence that during the evening, a verbal argument started among the group at her table resulting in a glass being thrown on the floor. She said that the individuals responsible then left the pub of their own accord.
Mr Jim Tully gave evidence that on the night in question the men in the group stood at the bar while the women were sitting down at a table. After a while several women in the group started to dance in the pub to music playing in the background. When told to stop, they did so for a whle but recommenced dancing shortly afterwards.
On account of the dancing, Mr Tully gave instruction that the women were not to be served any more drink. However, he says that this instruction was circumvented by the men at the bar who bought double rounds and brought the drink back to the women's table.
At the hearing, Mr Ward acknowledged that some of the women in his group had been dancing in the pub that night with other non-Traveller women.
Mr Tully said that he took no further action that night as it was near closing time but afterwards gave an instruction to staff not to serve any of the group if they came in again. Mr Tully said that this was standard policy if some members of a group proved troublesome and was applied to all groups irrespective of their background. The barwoman, Ms Jackie Moriarty, said that she recalls Mr Ward and the group in the pub on 17 August 2001. She recalls a woman breaking a glass and also the women continuing to dance despite being told to stop. She also recalls the men buying drink for the women after they had been refused service themselves.
When Mr Ward himself returned to the pub a week or two later, Ms Moriarty said that she refused him service on Mr Tully's instruction, based on the events of 17 August 2001.
Conclusions of the Equality Officer
In considering whether discrimination was a factor in the refusal to serve Mr Ward on 31 August 2001, I have taken the following into consideration:
Mr Ward accepts that he was served on a number of occasions over the years in the Fiddler's Elbow without any problem
Mr Ward accepts that his Traveller background would have been known to the respondents and also accepts that other Travellers were served regularly in the pub
Both Mr Ward and Mr Tully agree that the incident at Christmas 2000 arose as a result of a specific development - the placement of a glass on or in the vicinity of a pool table
The respondents state that Mr Ward's refusal on 31 August 2001 was because of the behaviour of Mr Ward's group in the pub some weeks earlier. Mr Tully states that a group of women were refused service because they refused to stop dancing and Mr Ward himself has confirmed that the women were dancing in the pub on the night in question.
Having considered the above points and the full circumstances of this case, I can find no evidence to suggest that Mr Ward was treated differently than a non-Traveller or group of non-Travellers would have been treated in similar circumstances. Accordingly, I find that the complainant has not established a prima facie case of discrimination in this instance.
Decision
I find that the complainant has 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
7 January 2008