DEC-S2002-061-070
OFFICE OF THE DIRECTOR OF EQUALITY INVESTIGATIONS
Equal Status Act 2000
EQUALITY OFFICER'S DECISION NO: DEC-S2002-061-070
Katherine Blake & Ors.
(represented by Philomena Costigan)
V
Cleere's Public House, Kilkenny
(represented by Elaine Morgan, BL, acting on
instructions from David M.Dunne & Co., Solicitors)
File No. ES/2001/612. 613, 677, 683 - 688, & 690
Date of Issue 31/05/2002
Headnotes: Equal Status Act, 2000 - Direct discrimination, Section 3(1)(a) - Membership of the Traveller community, Section 3(2)(i) - Traveller community ground by association, section 3(1)(b) - Disposal of goods and supply of services, Section 5(1) - Refusal of service in a pub - Refused because of previous conduct - Activities not discrimination, Section 15 (1) and 15 (2) - Prima facie case.
This dispute concerns claims that (i) six of the complainants, who are members of the Traveller community, were discriminated against by a member of staff of Cleere's public house because of their Traveller status, contrary to the Equal Status Act, 2000, on the grounds that on 14 May, 2001 they were refused service and (ii) the remaining four complainants, who are non-Travellers, were discriminated against on the same date, by the same member of staff of Cleere's public house, when they too, were refused service because they were in the company of members of the Traveller community. The respondent denies that the complainants were discriminated against and states that service was only refused to two members of the group and that the only reason service was refused on 14 May, 2001 was because of previous abusive behaviour towards the barman on the part of the two members of the group.