Tribunal finds Traveller couple deliberately provoked refusal of service
The officer found in favour of the publicans, who run the Abbey Lodge in Cellbridge, Co Kildare, noting that the evidence offered by the manager and barman was more convincing.
The complaint was brought by Travellers, Tom and Ellen Reilly, who live at a halting site in that area, and were refused service on August 25, 2001 and again on the following day.
In a written ruling the equality officer found they were refused for unacceptable behaviour and not because they were Travellers.
The officer, who works with Office for the Director of Equality Investigations, also rejected the complainants' assertion that they returned to the bar simply to see if they could get service.
"I am satisfied that their second visit to the respondent's premises was a cynical exercise on their part designed to deliberately provoke a refusal of service, following which they would lodge a claim against the respondent."
Tom Reilly told the investigators that he and his wife and another couple were drinking from 4.30pm to about 8.30 or 9pm in another bar in Cellbridge. They decided to go somewhere more lively and went to the Abbey Lodge.
On arrival both men approached the bar but were refused service.
Mr Reilly said they were told they already had enough to drink but would be welcome back on another occasion.
The next day the four returned but were again refused without being given any reason. Mr Reilly said it was because he was a Traveller.
Bar manager, Peter McNamee, said he initially refused them service because they appeared drunk and slurred their words. He said they then became very abusive, using foul and profane language and he insisted he never told them to return another day.
Barman, Joseph Casey, was working as a doorman on the first occasion and was behind the bar the following day. He said he witnessed the confrontation on the first evening and spoke to the manager about it.
Mr Casey said he refused them service on the second occasion purely on the basis of their behaviour not because they were Travellers. It was house policy to serve all-comers but equally to bar anyone who was abusive or aggressive.
Making the ruling, the equality officer noted that Ellen Reilly had heard very little of the exchanges on the two days and that the other couple had not offered any evidence. The officer concluded that there was no breach of the Equal Status Act 2000 and the publican had rebutted allegations of discrimination.
