The Equality Authority today welcomed a decision by the District Court to award €6,300 in a case involving discrimination by a public house. This is the maximum award allowed under the legislation.
Sr. Brid Smith was refused access to Conway’s Pub and Restaurant in Blackrock because she was accompanied by her guide dog. She arrived at the pub at 4.30pm to have a cup of coffee. She stated that she was refused service and was told abruptly to get out by an employee. She stated that she explained that she was allowed by law to bring her guide dog onto the premises but despite this the employee insisted she leave and ushered her through the door. Although a number of letters were exchanged Sr. Smith felt that Conway’s Pub and Restaurant had not accepted responsibility for the incident and did not make any effort to resolve the matter amicably or apologise to her.
Sr. Brid Smith brought a discrimination case on the disability ground to the District Court under the Intoxicating Liquor Act 2003. She was represented by the Equality Authority. The District Court found that she had been discriminate against under the disability ground and awarded €6,300. This is the maximum award allowed.
Welcoming the decision of the District Court Niall Crowley, CEO of the Equality Authority, highlighted “the importance of the scale of the award made. Effective anti- discrimination legislation require that awards made, where discrimination is found to have happened, are effective, proportionate and dissuasive. In making the maximum award allowed the Judge has sent out a clear and unequivocal message that discrimination by licensed premises is unacceptable and will prove costly to those found to have discriminated against people under the Intoxicating Liquor Act”.
Discrimination by licensed premises has been a significant focus in the casework to date of the Equality Authority under the Equal Status Acts. The Intoxicating Liquor Act 2003 transferred jurisdiction for cases involving allegations of discrimination from the Equality Tribunal to the District Court.
“Discrimination by licensed premises remains a serious issue. It affects people with disabilities as well as Travellers, gay and lesbian people, Black and minority ethnic people and young and older people. The finding of, and the award made by, the District Court today will hopefully stimulate a review of current practices within this sector” concluded Niall Crowley.
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The Equality Authority is mandated to promote equality and eliminate discrimination in the workplace and in the provision of goods and services.