The Equality Authority has welcomed the first significant settlement of a case on the Traveller ground under the Intoxicating Liquor Act 2003. The case involved a ban by a public house on serving Travellers. The five complainants were all regular patrons of Bennigans public house, Parkwest, Ballyfermot. In December 2005 and early January 2006 all of the complainants were either refused service or refused admission to Bennigans on three separate occassions. They were told by staff they knew there that there was a new policy of banning all Travellers from the pub. When they were refused entry to the pub, one couple asked gardaí from Ballyfermot garda station to come to Bennigans to witness the refusal. Two gardaí went to the pub and were also informed by door staff of the new policy which staff said came from management.
The complainants approached the Equality Authority for assistance with taking a complaint under the Intoxicating Liquor Act. When the Equality Authority wrote to the owners of Bennigans, it was alleged by Bennigans that the complainants had been involved in an incident in November 2005 in which they refused to leave the premises on the expiration of the drinking up time and became difficult and abusive. Bennigans stated that as a result of the alleged incident, the complainants were barred from the premises. The complainants denied that they were involved in any such incident which they believed was fabricated by Bennigans as an excuse for imposing a ban on Travellers. The evidence of the gardaí supported the complainant’s version of events.
Settlement terms were agreed before the hearing of the case in the District Court by which counsel for Bennigans read a statement in open court acknowledging that the complainants had been discriminated against, apologising for the discrimination and stating that the group were welcome back to the premises. Bennigans agreed to pay compensation to the complainants and to contribute to legal costs. They also agreed to implement a non-discrimination policy in their premises.
Niall Crowley, Chief Executive Officer of the Equality Authority, welcomed the settlement. He stated that “it was a valuable outcome in highlighting the discrimination involved in a blanket ban on providing service to Travellers and in achieving such an outcome under the Intoxicating Liquor Act 2003. Travellers have found it particularly difficult to challenge the discrimination they experience in public houses under the Intoxicating Liquor Act. These cases are heard by the District Court. This presents barriers to Travellers and others in terms of the risk of costs being awarded and in the need to be legally represented. The case must serve as an alert to publicans in relation to discrimination and an encouragement to Travellers to challenge their experience of discrimination.“
“This week is Traveller Focus Week. Discrimination against Travellers is a pervasive and continuing reality. The week must stimulate a new commitment to combat this experience of discrimination and to take initiatives to achieve full equality in practice for Travellers. This week should encourage a new solidarity with Travellers that ensures such discrimination is widely rejected as unacceptable“, concluded Niall Crowley.
ENDS