Disabled rider wins case against sports body

A VISUALLY-IMPAIRED athlete who was refused permission to bring her guide dog to an event, yesterday won a court case against a sports body for people with disabilities.

The sports body, Para Equestrian Ireland (PEI), was found to have victimised Joan Salmon. The victimisation began after PEI refused to allow Joan Salmon bring her guide dog, Smudge, to an event in Scotland in 2001.

Ms Salmon has since been prevented from competing internationally including the Para Olympics and the World Championships.

The Circuit Court of Appeal yesterday overturned a previous decision by the Equality Tribunal and ruled that the sports body had victimised the rider. Ms Salmon was awarded €3,500.

Ms Salmon, 42, yesterday said she was very pleased with the outcome of the ruling.

"I feel that justice has been done. I would like to thank all involved in helping me, the National Council for the Blind, the Guide Dogs and the Equality Authority, who were great."

She added: "I hope to do what I love to do and that is to ride and compete internationally, which I have been blocked from doing for the last three years." It is too late for Ms Salmon to compete in the Olympics in Athens this year and she will have to wait another four years.

The Circuit Court of Appeal yesterday ordered PEI to readmit Ms Salmon to full membership of, and full participation in, the sporting events of the association.

The body was also ordered to provide her with reasonable accommodation to allow her to participate fully.

In June 2001, PEI refused to allow Ms Salmon to bring her guide dog to an equestrian event in Scotland. Ms Salmon considered this discriminatory in failing to make reasonable accommodation for her.

At first the refusal related to foot-and-mouth restrictions in Scotland. When Ms Salmon investigated this she was told there was no such problem by the Department of Agriculture and by the Gleneagles Equestrian Centre.

PEI then told her that it would create too much work to bring the guide dog.

The matter was then publicised in the media.

PEI refused Ms Salmon entry into all future events under its control until she gave a written apology for her media comments.

Ms Salmon did write an apology, but it was not accepted as it was deemed inadequate.

During this time, Ms Salmon missed out on the World Championships and the Olympics.

The Equality Authority agreed to support her and took a case of victimisation under the Equal Status Act.

Victimisation occurs when someone is penalised for having opposed by lawful means an act which is unlawful under the Equal Status Act.

Niall Crowley of the Equality Authority welcomed the court decision, describing it as ground-breaking.

"In a context where a broad range of services are provided to people with disabilities by voluntary organisations this finding reinforces that the equality legislation applies to these organisations."